To link to this object, paste this link in email, IM or documentTo embed this object, paste this HTML in website

Proposal of the state of Connecticut for a tribal-state compact between the Mashantucket Pequot Tribe and the state of Connecticut : submitted to Henry J. Naruk, mediator, pursuant to 25 U.S.C. 2710(d)(7)(B)(iv.)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
MASHANTUCKET PEQUOT TRIBE, )
)
Plaintiff, )
)
v. )
) Civil Action No. H89- 717
STATE OF CONNECTICUT, )
et al., )
)
Defendants. )
________________________________
PROPOSAL OF THE STATE OF CONNECTICUT FOR A
TRIBAL- STATE COMPACT
Between the
MASHANTUCKET PEQUOT TRIBE
and the
STATE OF CONNECTICUT
Submitted to Henry J. Naruk, mediator,
pursuant to 25 U. S. C. § 2710 ( d) ( 7) ( B) ( iv)
CLARINE NARDI RIDDLE
ATTORNEY GENERAL
RICHARD M. SHERIDAN
Assistant Attorney General
MacKenzie Hall
110 Sherman Street
Hartford, CT 06105
( 203) 566- 7570 ( corrected)
i
TABLE OF CONTENTS
STATE OF CONNECTICUT – MASHANTUCKET PEQUOT TRIBE
GAMING COMPACT
S ection S ubject matter
Page
1
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
( d) Prohibited Class III gaming....................................................................... 10
( e) Prohibition on attendance of minors.......................................................... 11
( f) Compliance with reporting requirements................................................... 11
f
( g) Tort remedies for patrons........................................................................... 12
( h) Organization of tribal operations............................................................... 12
4 Law enforcement matters relating to Class III Gaming............................. 12
( a) State criminal jurisdiction payment........................................................... 12
( b) Powers of State law enforcement officers................................................. 12
( c) Powers of Tribal law enforcement officers................................................ 13
5 Licensing of gaming employees................................................................ 13
( a) Requirements for employee licensing........................................................ 13
( b) Procedure for license applications............................................................. 13
( c) Background investigation of applicants..................................................... 14
( d) Temporary licensing.................................................................................. 14
( e) Action by State gaming agency................................................................. 15
( f) Duration of license and renewal................................................................ 16
( g) Revocation or suspension of license.......................................................... 16
( h) Badges........................................................................................................ 16
( i) Appeal of license decisions........................................................................ 17
ii
( j) Investigation of non- gaming employees.................................................... 17
6
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
( d) Temporary registration............................................................................... 20
( e) Action by State gaming agency................................................................. 20
( f) Duration of registration and renewal......................................................... 21
( g) Revocation or suspension of registration................................................... 21
( h) Appeal of registration decisions................................................................. 22
( i) Fee for registration..................................................................................... 22
( j) Investigation of non- gaming enterprises.................................................... 22
7
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
8
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
( f) Computer recording of wagering information........................................... 31
( g) Betting limits to prevent manipulation...................................................... 31
( h) Payment medium for wagers..................................................................... 31
9
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
10
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
11
iii
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
12
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
( h) Preservation of Tribal self- government..................................................... 48
( i) Consultation upon revision of State regulations........................................ 48
18 Notices....................................................................................................... 49
19 Severability................................................................................................ 49
Subject Matter
iv
TRIBAL- STATE COMPACT
Between the
MASHANTUCKET PEQUOT TRIBE
and the
STATE OF CONNECTICUT
THIS TRIBAL- STATE COMPACT made and entered into by and between the
MASHANTUCKET PEQUOT TRIBE, a federally- recognized Indian Tribe, and the STATE OF
CONNECTICUT, pursuant to the provisions of the Indian Gaming Regulatory Act, Pub. L. 100-
497, 25 U. S. C. § § 2701 et seq,
WITNESSETH:
WHEREAS, the Mashantucket Pequot Tribe is a federally- recognized Indian Tribe,
possessed of all, sovereign powers and rights thereto pertaining; and
1
WHEREAS, the State of Connecticut is a sovereign state of the United States with all
rights and powers thereto pertaining; and
WHEREAS, the Congress of the United States has enacted into law the Indian Gaming
Regulatory Act. Pub. L. 100- 497, 25 U. S. C. § 2701, et seq., which provides in part that a tribal-state
Compact may be negotiated between a Tribe and a State to govern the conduct of certain
gaming activities which constitute Class III gaming for purposes of the Act on the Indian lands
of the Tribe within the State; and
WHEREAS, the Mashantucket Pequot Tribe and the State of Connecticut have mutually
agreed, within the parameters established by the Act, to the following provisions governing the
conduct of Class III gaming activities on the lands of the Tribe designed to ( a) protect the health,
welfare and safety of the citizens of the Tribe and the State, and ( b) develop and implement a
means of regulation for the conduct of Class III gaming on Indian lands as that term is defined in
the Act in order to attempt to insure the fair and honest operation of such gaming activities and to
minimize the possibility of corruption or illegal practices in conjunction with such activities and
( c) to attempt to maintain the integrity of all activities conducted in regard to Class III gaming;
NOW, THEREFORE, the MASHANTUCKET PEQUOT TRIBE and THE STATE OF
CONNECTICUT do enter into a Tribal- State Compact as provided for herein.
2
SECTION 1. Title. This document shall be cited as “ The Mashantucket Pequot Tribe – State
of Connecticut Gaming Compact.”
SECTION 2. Definitions. For purposes of this Compact:
( a) “ Act” means the Indian Gaming Regulatory Act, Pub. L. 100- 497, 25 U. S. C. §
2701 et seq.
( b) “ Bazaar game” means a game, sport, amusement, diversion, scheme, plan,
project, contest, undertaking or enterprise wherein chance, fortune, luck or lot is the
predominating factor or element in the winning or awarding of a prize, but shall not include a
lottery nor any game, sport, amusement, diversion, scheme, plan, project, contest, or undertaking
where the skill, accomplishment, art or adroitness of the operator or participant is the primary
factor in the winning or awarding of a prize.
( c) “ Class III Gaming” means all forms of gaming that are not Class I gaming or
Class II gaming, as defined in sections 4 ( 6) and 4 ( 7) of the Act, 25 U. S. C. § § 2703 ( 6) and ( 7).
( d) “ Compact” means this Mashantucket Pequot Tribe – State of Connecticut Gaming
Compact”
( e) “ Complimentary services” means the provision to a patron of a gaming facility or
such patron’s guest, either free of charge or at a reduced price, of any goods or services,
including transportation, lodging, and coupons or other representations of money for use in
wagering.
3
( f) “ Enterprise” means any individual, trust, corporation, partnership, or other legal
entity of any kind other than a tribal enterprise wholly owned by the Mashantucket Pequot Tribe;
provided, however, that with respect to any corporation, the term “ enterprise” shall include each
other corporation or other legal entity which, directly or indirectly, controls a majority of the
voting interests in such corporation; and further provided, that with respect to any partnership,
trust, or other form of unincorporated business organization, the term “ enterprise” shall include
each corporation or other legal entity which, directly or indirectly, controls a majority of the
voting interests in such organization.
( g) “ Fronton” means a facility on the Reservation in which the game of jai alai is
conducted.
( h) “ Gaming employee” means any natural person employed in the operation or
management of the gaming facilities, whether employed by the Tribe or by any
enterprise providing on- site services to the Tribe within a gaming facility, including,
but not limited to, gaming facility managers and assistant managers; accounting
personnel; gaming facility security personnel; gaming facility surveillance
personnel; credit executives; gaming facility cashier supervisors; dealers or
croupiers; box men; floormen; pit bosses; video facsimile game mechanics and
attendants; shift bosses; cage personnel; collection personnel; lottery ticket sellers;
persons employed in the acceptance or redemption of pari- mutuel wagers;
simulcasting equipment operators; computer operators and technicians; food and
beverage service personnel; and any other natural person whose employment duties
require or authorize access to restricted areas of the gaming facilities not otherwise
opened to the public; and any owner of an interest in a greyhound which races at any
4
Tribal gaming operation, whether or not such owner participates actively in such
operation or is present at any gaming facility.
( i) “ Gaming equipment” means any machine or device which is specially designed or
manufactured for use in the operation of any Class III gaming activity including those devices
described in standards of operation and management pursuant to section 7 ( c) ( i) of this
Compact, video facsimile games, lottery tickets, lottery on- line computer equipment, lottery
drawing equipment, and pari- mutuel electronic totalizator systems.
( j) “ Gaming facility” means any room or rooms in which Class III Gaming as
authorized by this Compact is conducted on the Reservation.
( k) “ Gaming operation” means any enterprise operated by the Tribe on its
Reservation for the conduct of any form of Class III gaming in any gaming facility.
( 1) “ Gaming school” means any enterprise organized to provide specialized training
to gaming employees for the conduct of Class III gaming, other than programs operated by the
Tribal gaming operation.
( m) “ Gaming services” means the providing of any goods or services to the Tribe
directly in connection with the operation of Class III gaming in a gaming facility,
including maintenance or security services for the gaming facility, junket services,
gaming schools, printing or manufacture of lottery or pari- mutuel betting tickets,
laboratory testing of gaming equipment including video facsimile machines or
lottery tickets, and manufacture, distribution, maintenance or repair of gaming
equipment.
( n) “ Junket services” means any arrangement to facilitate the attendance at a gaming
facility of patrons selected by reason of their propensity to gamble by providing to
5
such patrons any consideration including cash or rebates or reduced charges for
goods or services such as transportation, lodging, food, beverage, or entertainment;
provided, however, that the term shall not include enterprises which function solely
to provide common transportation to a gaming facility to the public without
limitation to selected patrons.
( o) “ Lottery” means any game for which tickets are sold, the winning ticket or tickets
being secretly predetermined or ultimately selected in a chance drawing, and in
which the holders of winning tickets receive money or something of value.
( p) “ National Indian Gaming Commission” means the Commission established pursuant
to Section 5 of the Act, 25 U. S. C. § 2704.
( q) “ Off track betting” means pari- mutuel betting on racing results which is conducted
on premises other than the site of the race.
( r) “ Pari- mutuel” means a betting system in which all persons who bet on any
contender in a jai alai game or in an animal race for any position for which bets are taken in such
game or race share in an established prize pool of similar bets.
( s) “ Principal” means with respect to any enterprise: ( i) each of its officers and
directors; ( ii) each of its principal management employees, including any chief executive officer,
chief financial officer, chief operating officer, or general manager; ( iii) each of its owners or
partners if an unincorporated business; ( iv) each of its shareholders who owns more than ten per
cent of the shares of the corporation if a corporation; and ( v) each person other than a banking
institution who has provided financing for the enterprise constituting more than ten per cent of
the total financing of the enterprise.
6
( t) “ Reservation” means the Indian lands of the Mashantucket Pequot Tribe within
the State of Connecticut as defined by Section 4( 4) of the Act, 25 U. S. C. § 2703 ( 4), including all
lands within the Mashantucket Pequot Reservation as defined by 25 U. S. C. § 1752 ( 7) and all
lands within the State of Connecticut title to which is either held in trust by the United States for
the benefit of the Tribe or held by the Tribe subject to restriction by the United States against
alienation; provided, that the term �� Reservation” shall not include those lands acquired by the
United States in trust for the benefit of the Tribe after October 17, 1988 which are excluded from
the provisions of the Act pursuant to Section 20 of the Act, 25 U. S. C. § 2719;
( u) “ Simulcasting” means the closed- circuit television or radio transmission of a race
at one racetrack to another racetrack or facility at the same time the race is being conducted.
( v) “ State” means the State of Connecticut, its authorized officials, agents and
representatives.
( w) “ State gaming agency” means the Division of Special Revenue of the State or
such other agency of the State as the State may from time to time designate by written notice to
the Tribe as the single state agency responsible for oversight of Class III Gaming as authorized
by this Compact.
( x) “ State law enforcement agency” means the Connecticut State Police or such other
law enforcement agency of the State as the State may from time to time designate
by written notice to the Tribe as the law enforcement agency of the State which
will have primary responsibility for law enforcement with respect to Class III
Gaming activities on the Reservation.
7
( y) “ Telephone betting” means the acceptance of bets in a lottery or pari- mutuel pool
telephone from persons who have deposited funds in a deposit account established for such
purpose.
( z) “ Tribal gaming agency” means the Mashantucket Pequot Tribal Gaming
Commission or such other agency of the Tribe as the Tribe may from time to time designate by
written notice to the State as the single tribal agency responsible for regulatory oversight of Class
III Gaming as authorized by this Compact.
( aa) “ Tribal law enforcement agency” means the police force of the Mashantucket
Pequot Tribe established and maintained by the Tribe pursuant to the Tribe’s powers of self-government
to carry out law enforcement within the Reservation.
( bb) “ Tribe” means the Mashantucket Pequot Tribe, its authorized officials, agents and
representatives.
( cc) “ Video facsimile” means any mechanical, electrical or other device, contrivance
or machine, which, upon insertion of a coin, currency, token or similar object
therein, or upon payment of any consideration whatsoever, is available to play or
operate, the play or operation of which is a facsimile of a game of chance, and
which may deliver or entitle the person playing or operating the machine to
receive cash or tokens to be exchanged for cash or to receive any merchandise or
thing of value, whether the payoff is made automatically from the machine or in
any other manner whatsoever.
SECTION 3. Authorized Class III Gaming.
8
( a) Authorized games. The Tribe may conduct, only within the Reservation, and
subject to the terms and conditions of this Compact, any or all of the following:
( i) The following games of chance:
( A) Blackjack;
( B) Poker;
( C) Dice;
( D) Money- wheels;
( E) Roulette;
( F) Baccarat;
( G) Chuck- a- luck;
( H) Pan game;
( I) Over and Under;
( J) Horse race game;
( K) Acey- ducey;
( L) Beat the dealer;
( M) Bouncing ball.
( ii) Any bazaar game not listed in sub- section ( i), but only if conducted solely
for merchandise prizes.
( iii) Any lottery game.
( iv) Off- track pari- mutuel betting on animal races.
( v) Pari- mutuel betting, through simulcasting, on animal races.
( vi) Pari- mutuel betting on jai alai games conducted on the Reservation.
( vii) Pari- mutuel betting on dog racing conducted on the Reservation.
9
( viii) Pari- mutuel betting on horse racing conducted on the Reservation, but
only to the extent authorized in accordance with section 15 of this
Compact.
( ix) Video facsimiles of any game of chance listed in sub- section 3( a) ( i), but
only to the extent authorized in accordance with section 15 of this
Compact.
( x) Telephone betting on any lottery game, but only to the extent authorized in
accordance with section 15 of this Compact.
( xi) Off- track pari- mutuel telephone betting on animal races, but only to the
extent authorized in accordance with section 15 of this Compact.
( b) Authorized gaming facilities. ( i) The Tribe may establish gaming facilities on
the Reservation for the operation of any games of chance as authorized pursuant
to sub- section ( a) ( I) of this section and, only to the extent authorized pursuant to
section 15, games authorized pursuant to sub- section ( a) ( ix) of this section; ( ii)
The Tribe may conduct bazaar games in any location on the Reservation, whether
separately from or together with other Class III gaming; ( iii) the Tribe may
operate lottery games, including only to the extent authorized pursuant to section
15, telephone betting on such games, on the Reservation; ( iv) the Tribe may
establish gaming facilities on the Reservation for the operation of any off- track
pari- mutuel betting, including, only to the extent authorized pursuant to section
15, telephone betting, and simulcasting as authorized pursuant to sub- sections ( a)
( iv), ( a) ( v) and a ( xi) of this section; ( v) the Tribe may establish gaming facilities
on the Reservation for the operation of pari- mutuel betting on jai alai conducted at
10
a fronton on the Reservation; ( vi) the Tribe may establish gaming facilities on the
Reservation for the operation of pari- mutuel betting on dog racing conducted at a
racetrack on the Reservation; ( vii) the Tribe may establish gaming facilities on the
Reservation for the operation of pari- mutuel betting on horse racing conducted at
a racetrack on the Reservation only to the extent authorized pursuant to section
15.
( c) Authorized forms of payment. All payments for wagers made in authorized
forms of Class III gaming conducted by the Tribe on its reservation, including the purchase of
chips, plaques or tokens for use in wagering, shall be made by cash, cash equivalent, check or
credit card.
( d) Prohibited Class III gaming. The Tribe may not conduct any form of Class III
gaming which is not expressly enumerated in section 3 ( a) of this Compact unless this Compact
is amended pursuant to section 17 ( c) of this Compact.
( e) Prohibition on attendance of minors . No person under the minimum age for
purchase of alcoholic beverages under the laws of the State shall be admitted into any gaming
facility other than facilities limited to the play of bazaar games, nor be permitted to place any
wager, directly or indirectly, other than on bazaar games; provided, however, that minors may
receive lottery tickets or changes as gifts; and further provided, however, that a person over the
age of majority may be employed in the gaming facilities provided that they are licensed in
accordance with the provisions of section five and area not employed in the service of
intoxicating liquors.
( f) Compliance with reporting requirements. The Tribe shall comply with all
applicable reporting and withholding requirements of the Internal Revenue Service relating to all
11
forms of wagering conducted by the Tribe and shall maintain accurate records of all such reports
and returns, and shall implement policies and procedures adequate to assure compliance with
such obligations in each of its gaming operations.
( g) Tort remedies for patrons. The Tribe will establish reasonable procedures for
the disposition of tort claims arising from alleged injuries to patrons of its gaming facilities. The
Tribe shall not be deemed to have waived its sovereign immunity from suit with respect to such
claims by virtue of any provisions of this Compact, but may adopt a remedial system analogous
to that available for similar claims arising against the State or such other remedial system as may
be appropriate following consultation with the State gaming agency.
( h) Organization of tribal operations. The Tribe shall disclose to the State gaming
agency its program of instructional and on- the- job training and its system of internal
organization for each of its gaming operations including a compendium of all positions involved
in the operation of its gaming facilities, including staffing and supervisory positions involved in
each table gaming activity conducted pursuant to section 3( a) ( i), and the persons designated to
occupy each position from time to time, and shall promptly notify the State gaming agency of
any change in such training programs or table of organization or in the persons designated for
any position. The Tribal gaming agency shall ensure that any person designated to occupy a
position in the gaming facilities is properly trained and qualified for such position.
SECTION 4. Law enforcement matters relating to Class III Gaming.
( a) State criminal jurisdiction. The State of Connecticut shall have jurisdiction to
enforce all criminal laws of the State which may prohibit any form of Class III Gaming on the
Reservation against any person engaged in Class III Gaming on the Reservation unless such
12
person is engaged in a form of Class III Gaming listed in section 3( a) of this Compact and
conducted by the Tribe. The State of Connecticut shall also have jurisdiction to enforce all other
criminal laws of the State which are consistent with the provisions of this Compact on the
Reservation, including enforcement within the gaming facilities.
( b) Powers of State law enforcement officers. Law enforcement officers of the State
of Connecticut shall be accorded free access to any gaming facilities for the purpose of
maintaining public order and public safety and enforcing applicable criminal laws of the State as
permitted hereunder, and personnel employed by the Tribal gaming operation shall for such
purposes provide state law enforcement officers access to locked and secure areas of the gaming
facilities in accordance with the standards of maintenance and operation promulgated pursuant to
section 7, 8 and 9 of this Compact. The State law enforcement agency may station a resident
officer at the Reservation to coordinate law enforcement within the Reservation generally,
including enforcement by officers of the Tribal law enforcement agency.
( c) Powers of Tribal law enforcement officers. Law enforcement officers of the
Mashantucket Pequot Tribe may exercise concurrent authority with that of law enforcement
officers of the State of Connecticut to maintain public order and public safety and to enforce the
applicable ordinances of the Tribe and to make arrests for violation of applicable criminal laws
of the State; provided, that persons arrested by officers of the of the tribal law enforcement
agency for violations of criminal laws of the State shall be transferred as promptly as may be
feasible to the jurisdiction of State law enforcement officers and the tribal law enforcement
agency shall comply with all reasonable requirements of State law enforcement officers and
agencies in order to assist in the prosecution of such offenders.
13
SECTION 5. Licensing of Gaming Employees
( a) Requirements for employee licensing
No person may commence or continue employment as a gaming employee unless he is
the holder of a valid current gaming employee license issued by the State gaming agency in
accordance with the provisions of this section.
( b) Procedure for license applications
Each applicant for a gaming employee license shall submit a completed license
application to the State gaming agency, with a copy thereof to the tribal gaming agency, on
forms required and provided by the State gaming agency. The Tribe, or registered gaming
service enterprise, as the case may be, shall certify on said application that submission of the
application has been approved. Such gaming employee license application forms shall contain
such information, documentation and assurances as may be required by the State gaming agency
concerning the applicant’s personal and family history, personal and business references,
criminal conviction record, business activities, financial affairs, gaming industry experience,
gaming school education and general educational background. Each completed license
application submitted to the state gaming agency pursuant to the provisions hereof shall be
accompanied by the applicant’s fingerprint card( s) and photograph( s) in form as required by the
State gaming agency. Promptly upon receipt of a completed license application, the State
gaming agency shall forward a copy thereof to the State law enforcement agency.
( c) Background Investigation of Applicants
The state gaming agency shall promptly upon receipt of an application for a gaming
employee license cause both State and Federal criminal record checks to be done on the
applicant to determine whether the applicant has any criminal history and shall so advise the
14
State law enforcement agency. The State law enforcement agency may undertake such further
investigation of the applicant and applicant’s background as it deems appropriate and shall, as
soon as is practicable after receipt of the completed license application, report to the State
gaming agency and the Tribal gaming agency ( to the extent permitted by law) on the results of
such investigation.
( d) Temporary Licensing
Unless the State criminal record check undertaken by the state gaming agency within ten
days of the receipt of a completed application discloses that the applicant has a criminal history,
or unless other grounds sufficient to disqualify the applicant pursuant to sub- section ( e) are
apparent on the face of the application, the State gaming agency shall upon request of the Tribal
Operation issue a temporary gaming employee license to the applicant, within 10 days of the
receipt of a completed application, which shall expire and become void and of no effect upon the
determination by the State gaming agency of the applicant’s suitability for a gaming employee
license.
( e) Action by State gaming agency
The State gaming agency shall, as soon as is practicable after receipt of a completed
license application, either grant or deny the license. The State gaming agency may deny a
gaming employee license to any applicant who:
( i) has been determined to be a person whose prior activities, criminal record,
if any, or reputation, habits and associations pose a threat to the effective
regulation of gaming or create or enhance the chances of unfair or illegal
practices, methods, and activities in the conduct of the gaming activities
permitted hereunder; provided, however, that the State shall not apply
15
standards for approval of licenses pursuant to this section more rigorously
than those actually applied in the approval of employee licenses in gaming
enterprises operated or regulated exclusively by the State; or
( ii) has failed to provide any information reasonably required to investigate
the application for a gaming employee license or to reveal any fact
material to such application, or has furnished any information which is
untrue or misleading in connection with such application.
( f) Duration of license and renewal
Any gaming employee license issued by the State gaming agency shall be effective for
not more than one year and shall expire on the thirty- first day of October of each year; provided,
that a licensed employee who has applied for renewal may continue to be employed under the
expired license until final action is taken on the renewal application by the State gaming agency.
Previously licenses applicants or applicants for renewal shall provide currently updated
application material but will not be required to re- submit historical data already available to the
State gaming agency. No additional background investigation of an applicant for renewal shall
be required unless new information concerning the renewal applicant’s continuing suitability or
eligibility for a license comes to the attention of either the State gaming agency or the State law
enforcement agency.
( g) Revocation or suspension of license
The State gaming agency or the State law enforcement agency may investigate any
person who holds a gaming employee license at any time and the State gaming agency may
suspend or revoke any gaming employee license issued hereunder if new information concerning
facts arising either prior to or since the issuance of the original license, or any renewal thereof,
16
comes to the attention of the State gaming agency which information would justify denial of
such original license, or any renewal thereof, pursuant to sub- section ( e) of this section;
provided, however, that no license shall be revoked or suspended except after such notice and
hearing as is generally required for similar administrative actions under the administrative
procedures applicable to agencies of the state.
( h) Badges
All licensed gaming employees actively employed by the Tribe and having access to the
gaming facilities shall upon the commencement of such employment be provided with
identification badges as may be required by the State gaming agency which shall be displayed or
carried within the gaming facilities as the applicable Standard of Operation may require and the
Tribe shall employ its best efforts to recover such badges from an employee upon the termination
of employment at a gaming facility.
( i) Appeal of license decisions
Decisions of the State gaming agency to deny, suspend, or revoke a license pursuant to
this section, following any administrative review or appeal which may be permitted by the State
gaming agency in accordance with procedures which it may establish, constitutes final agency
action subject to judicial review in the manner provided by the laws of the State for judicial
review of administrative actions affecting similar rights.
( j) Investigation of non- gaming employees
The State law enforcement agency may investigate misconduct of employees of the Tribe
who are not gaming employees but who are employed in ancillary facilities located within the
same building as any gaming facility, and such employees shall be dismissed by the Tribe from
such employment upon notification by the State law enforcement agency that their conduct in the
17
course of their employment in such ancillary facilities poses a threat to the effective regulation of
gaming or creates or enhances the dangers of unfair or illegal practices, methods and activities in
the conduct of gaming, subject to the same rights of appeal as are provided in sub- section ( i)
above.
18
SECTION 6. Registration of Gaming Service Enterprises
( a) R equirement for registration
No enterprise may provide gaming services or gaming equipment to the Tribe unless it is
the holder of a valid current gaming services registration issued by the State gaming agency in
accordance with the provisions of this section; provided, however, that so long as the Tribe
discloses the identity of such enterprise together with the value and nature of services or
equipment provided by the enterprise to the State gaming agency, such enterprise need not
register pursuant to this section if either:
( i) the enterprise has a current valid license to provide gaming equipment or gaming
services from the State gaming agency under regulations of the State gaming operated
or licensed by the State; or
( ii) the enterprise has a current valid registration as a gaming services enterprise from
the gaming regulatory agencies of the State of New Jersey and provides its
consent for the disclosure to the State gaming agency of all information regarding
such enterprise held by the gaming regulatory agencies of the State of New
Jersey, and the State gaming agency is able to secure disclosure of such
information; provided further, however, that the rights conferred pursuant to
either sub- section ( i) or ( ii) of this sub- section may be revoked or suspended by
the State gaming agency in the same manner and for the same reasons as provided
in sub- section ( g) of this section.
( b) P rocedure for registration
19
Each applicant for a gaming service registration shall submit a completed registration
application to the State gaming agency, with a copy thereof to the Tribal gaming agency, on
forms required and provided by the State gaming agency. The Tribe shall certify on said
application that submission of the application has been approved. Such gaming service
registration application shall contain such information, documentation and assurances as may be
required by the State gaming agency which shall identify all of said applicant’s principals and
which shall concern the applicant’s and each such principal’s personal and family history,
personal and business references, criminal conviction record, business activities, financial affairs,
prior gaming industry experience and general education background; all of the foregoing as may
be applicable to such applicant or such principal. Each completed gaming service registration
application submitted to the State gaming agency pursuant to the provisions hereof shall be
accompanied by the fingerprint card ( s) and photograph ( s) of each principal of the applicant in
form as required by the State gaming agency. Promptly upon receipt of a completed registration
application, the State gaming agency shall forward a copy thereof to the State law enforcement
agency.
( c) B ackground Investigation of Applicants
The State gaming agency and the State law enforcement agency shall promptly upon
receipt of an application for a gaming services registration conduct an investigation of the
applicant and each of its principals. Such investigation shall include criminal record checks to be
done on each of applicant’s principals and such other investigation of applicant and its principals
as may be deemed appropriate by the State gaming and state law enforcement agencies. The
State law enforcement agency shall, as soon as is practicable after receipt of the completed
20
gaming services registration application, report to the State gaming agency and the Tribal
gaming agency ( to the extent permitted by law) on the results of its investigation.
( d) T emporary Registration
During the twelve- month period immediately following the effective date of this
Compact as provided herein, any applicant for a gaming service registration who may file a copy
of a current valid gaming service industry registration issued by the State of New Jersey together
with its completed application shall be immediately issued a temporary gaming service
registration by the State gaming agency pending determination of such applicant’s suitability or
eligibility for a gaming service registration pursuant to subsection ( e) of this section.
( e) A ction by State gaming agency
The State gaming agency shall, as soon as practicable after receipt of a completed
application for a gaming service registration, either grant or deny the application. The State
gaming agency may deny a gaming service registration to any applicant upon its determination
that the applicant, or any principal identified with such applicant:
( i) is a person or entity whose prior activities, criminal record, if any, or reputation,
habits and associations pose a threat to the effective regulation of gaming or
create or enhance that chances of unfair or illegal practices, methods, and
activities in the conduct of the gaming activities permitted hereunder; provided,
however, that the State shall not apply standards for approval of registrations
pursuant to this section more rigorously than those actually applied in the
approval of similar licenses in gaming enterprises operated or regulated
exclusively by the State; or
21
( ii) has failed to provide any information reasonably required to investigate the
application for a gaming service registration or to reveal any fact material to such
application, or has furnished any information which is untrue or misleading in
connection with such application.
( f) D uration of registration and renewal
Any gaming services registration issued by the State gaming agency shall be effective for
not more than one year and shall expire on the thirty- first day of October of each year; provided,
that a registered enterprise that has applied for renewal may continue to provide services under
the expired registration until final action is taken on the renewal application by the State gaming
agency. Previously registered applicants or applicants for renewal shall provide currently
updated application material but will not be required to re- submit historical data already
available to the State gaming agency. No additional background investigation of an applicant for
registration renewal shall be required unless new information concerning the renewal applicant’s
continuing suitability or eligibility for license comes to the attention of either the State gaming
agency or the State law enforcement agency.
( g) R evocation or suspension of registration
The State gaming agency or the State law enforcement agency may investigate any
enterprise or principal of such enterprise which holds a gaming services registration license at
any time and the State gaming agency may suspend or revoke any gaming services registration
issued hereunder if new information concerning facts arising either prior to or since the issuance
of the original registration, or any renewal thereof, comes to the attention of the State gaming
agency which information would justify denial of such original license, or any renewal thereof,
pursuant to sub- section ( e) of this section; provided, however, that no registration shall be
22
revoked or suspended except after such notice and hearing as in ordinarily required for similar
administrative actions under the administrative procedures applicable to agencies of the State;
and further provided, that the enterprise shall be entitled to any payment due for services
provided or goods delivered prior to the effective date of suspension or revocation of its
registration.
( h) A ppeal of registration decisions
Decisions of the State gaming agency to deny, suspend, or revoke a registration pursuant
to this section, following any administrative review or appeal which may be permitted by the
State gaming agency in accordance with procedures which it may establish, constitutes final
agency action subject to judicial review in the manner provided by the laws of the State for
judicial review of administrative actions affecting similar rights.
( i) F ee for registration
Any enterprise filing an application for a gaming services registration pursuant to this
section shall pay to the State gaming agency a fee sufficient to compensate the State gaming
agency for the costs of review of the registration applications; provided, however, that such fee
shall not be increased above one thousand five hundred dollars for each applicant without prior
approval of the Tribal gaming agency, but any balance of such costs not recovered as a result of
such limitation on fees shall be included in the assessment of costs pursuant to section 11 of this
Compact.
( j) I nvestigation of non- gaming enterprises
Any enterprise which provides goods or services to a Tribal gaming operation other than
gaming services or gaming equipment in a total amount exceeding the sum of $ 50,000.00 in a
single twelve month period, and any labor organization seeking to represent employees of a
23
Tribal gaming operation, shall be identified by the Tribe to the State gaming agency and shall
agree to cooperate with the State gaming agency and the State law enforcement agency in any
investigation deemed necessary by either such agency relative to the fitness of such enterprise or
labor organization to engage in business with a gaming operation, or relative to the conduct of
such enterprise or labor organization in connection with such activity. The State gaming agency
may bar such enterprise from providing goods or services to the Tribal gaming operation or such
labor organization from receiving dues from licensed employees of the Tribal gaming operation,
or may bar the principal of any such labor organization from representing such employees, upon
a determination that such enterprise or labor organization or a principal thereof is a person or
entity whose prior activities, criminal record, if any, or reputation, habits and associations pose a
threat to the effective regulation of gaming or create or enhance the dangers of unfair or illegal
practices, methods and activities in the conduct of gaming; provided, however, that such
enterprise or labor organization may appeal such determination in the manner provided pursuant
to sub- section ( h).
SECTION 7. Standards of operation and management for games of chance.
( a) Adoption of s tandards of operation and management.
The Tribal gaming agency shall adopt standards of operation and management to govern all
gaming operations utilizing the authority of the Tribe to operate games of chance as defined in
section 3( a) ( i) of this Compact. Such standards shall protect the public interest in the integrity
of the gaming operations and shall reduce the dangers of unsuitable, unfair or illegal practices
and methods and activities in the conduct of gaming. The initial standards of operation and
management shall be those set forth in Appendix A until different standards are adopted by the
24
Tribal gaming agency. The Tribal gaming agency shall notify the State gaming agency of any
revision of the standards of operation and management and shall either ( i) certify that the
revisions to the standards will have no material effect on the manner in which the standards
protect the public interest in the integrity of the gaming operations and reduce the dangers of
unsuitable, unfair or illegal practices and methods and activities in the conduct of gaming; or ( ii)
request the approval of the State gaming agency for such revised standards, which approval shall
be deemed granted unless disapproved within sixty days of submission of the revised standards;
the State gaming agency shall approve the revised standards upon request unless it finds that
they would have a material adverse impact on the public interest in the integrity of the gaming
operations, and shall disapprove only such portions of any proposed revised standards which are
determined to have a material adverse impact on such public interest, setting forth with
specificity the reasons for such disapproval; any disapproval of revised standards by the State
gaming agency shall be subject to review in the manner provided by the laws of the State for
review of administrative decisions which are subject to judicial review.
( b) Additional standards applicable to games of chance.
The following additional standards shall apply to the operation by the Tribe of games of chance
as permitted by this compact:
( i) the Tribe shall maintain the following logs as written or computerized records
which shall be available for inspection by the State gaming agency in
accordance with section 13 ( b) of this Compact: a surveillance log recording
all surveillance activities in the monitoring room of the gaming facility; a
security log recording all unusual occurrences for which the assignment of a
security department employee is made; a cashier’s cage log recording all
25
exchanges of gaming chips for cash by persons who cannot reasonably by
thought to have been gaming; a credit log recording all counter checks
exchanged and all checks received for redemption, consolidation or
substitution; a machine entry log recording all occasions on which a video
facsimile machine is opened by any mechanic or attendant, except to the
extent that such entries may be automatically recorded by a computer system
activated by each entry; and a machine location log, recording the location
and each movement of any video facsimile machine within the gaming
facility.
( ii) The Tribal gaming agency shall establish a list of persons barred from the
gaming facilities because their criminal history or association with career
offenders or career offender organizations poses a threat to the integrity of
the gaming activities of the Tribe. The Tribe shall employ its best efforts
to exclude persons on such list from entry into its gaming facilities. The
Tribe shall also exclude persons engaging in disorderly conduct or other
conduct jeopardizing public safety in the gaming facility.
( iii) The Tribal gaming agency shall require the audit of the gaming activities
of the Tribe, not less than annually, by an independent certified public
accountant, in accordance with the auditing and accounting standards for
audits of casinos of the American Institute of Certified Public
Accountants.
( iv) The Tribal gaming agency shall notify the State gaming agency of the
rules of each game of chance which will be operated by the Tribe and of
26
any change in such rules. Summaries of the rules of each game relevant to
the method of play and odds paid to winning bets shall be visibly
displayed or available in pamphlet form in the gaming facility, and betting
limits applicable to any gaming table shall be displayed at such gaming
table. Rules of each game shall assure that the game will be operated in a
manner which is honest, fair to patrons and amenable to regulatory
oversight. Rules for games identified in sections 3( a) ( i) ( A), ( B), ( C),
( D), ( E), ( F), ( G), ( J) and ( K) shall be based upon such games as
commonly practiced in other gaming jurisdictions in the United States
with such variations in the manner of wagering or play as do not
fundamentally alter the nature of the game and as the Tribal gaming
agency may approve. Rules for games identified in sections 3( a) ( i) ( H),
( I), ( L), and ( M) shall be submitted for approval to the State gaming
agency, which approval shall be granted if they are consistent with the
nature of such games as permitted at Las Vegas nights operated under the
laws of the State and if they assure that such games will be operated in a
manner which is honest, fair to patrons and amenable to regulatory
oversight. The Tribe will provide the State gaming agency with ten days’
advance notice of the rules of each game and any modification thereof,
and will provide adequate notice to patrons of the gaming facilities to
advise them of the applicable rules in effect.
( v) The Tribe shall maintain a record of all complimentary services provided
to patrons of its gaming facilities or their guests, including either the full
27
retail price of such service or item if the same service or item is normally
offered for sale to patrons in the ordinary course of business at the gaming
facility, or the cost of the service or item to the Tribe if not offered for sale
to patrons in the ordinary course of business. If the complimentary service
or item is provided to a patron by a third party on behalf of the Tribe, such
service or item shall be recorded at the actual cost to the Tribe of having
the third party provide such service or item. A log recording all such
complimentary services shall be available for inspection by the State
gaming agency in accordance with section 13( b) of this Compact.
( vi) no person shall be permitted to bear firearms of any kind into such gaming
facilities except for members of the State law enforcement agency and the
Tribal law enforcement agency;
( vii) the Tribal operation shall maintain a closed circuit television system in
accordance with the standards set forth in sections 6( 2) and 6( 3) of
Appendix A, and shall not modify such standards without the agreement
of the State gaming agency. The Tribal gaming operation shall provide
the State gaming agency with copies of its floor plan and closed circuit
television system and any modifications thereof for review by the State
gaming agency. If the floor plan or closed circuit television system does
not provided unobstructed camera views in accordance with such
standards, the Tribal operation shall modify such floor plan or closed
circuit television system in order to remedy such deficiency.
28
( viii) the Tribal operation shall maintain a cashier’s cage in accordance with the
standards set forth in section 7( 3) of Appendix A, and shall not modify
such standards without the agreement of the State gaming agency. The
State gaming agency may review cashier’s cage security. If the cashier’s
cage does not comply with the security standards set forth in said
Appendix, the Tribal operation shall modify its cashier’s cage to remedy
such deficiency.
( ix) the Tribal operation shall provide the State gaming agency with a
description of its minimum requirements for supervisory staffing for each
table gaming pit operated in its gaming facilities, and in the event that the
State gaming agency regards such supervisory staffing as inadequate to
protect the integrity of the table games, the Tribal operation and State
gaming agency shall promptly confer in good faith in an effort to reach
agreement on supervisory staffing requirements; upon written notice to the
Tribal operation by the State gaming agency that agreement cannot be
reached between the State gaming agency and the Tribal operation, the
dispute shall be submitted to binding arbitration in accordance with the
rules and procedures of the American Arbitration Association; both the
Tribal operation and the State gaming agency shall submit their positions
to the arbitrator within twenty days of receipt of such written notice, and
the arbitrator shall render a binding decision within sixty days following
the written notice of a dispute.
( c) Technical standards for video facsimile games.
29
Notwithstanding the provisions of section 7( a) of this Compact or section 31 of Appendix A,
when any video facsimile of a game of chance identified in section 3( a) ( i) has been approved by
the gaming regulatory agencies of the State of New Jersey, then any substantially similar version
of such game must be approved by the gaming regulatory agencies of the State of New Jersey in
accordance with regulations in effect under the gaming regulatory laws of New Jersey, and the
Tribe may operate ( subject to the provisions of section 15( a)) any video facsimile of such game
which has been approved by the gaming regulatory agencies of the State of New Jersey. When
no substantially similar version of a video facsimile game has been approved by the gaming
regulatory agencies of the State of New Jersey, then such new game may be approved either in
accordance with regulations in effect under the gaming regulatory laws of New Jersey or in
accordance with section 31 of Appendix A. Notwithstanding the provisions of sub- section ( a) of
this section, the Tribal gaming agency shall not revise the standards of operation relating to
technical standards for video facsimile games and set out as section 31 of Appendix A without
the prior approval of the State gaming agency. Said standards may be revised by written
agreement between the State gaming agency and the Tribal gaming agency following the written
recommendation and detailed explanation of the proposed amendment to such standards by the
gaming test laboratory designated in accordance with such standards.
30
SECTION 8. Standards of operation and management for pari- mutuel betting facilities.
( a) Adoption of s tandards of operation and management.
The Tribal gaming agency shall adopt standards of operation and management to govern all
gaming operations utilizing the authority of the Tribe to operate pari- mutuel betting on racing
and jai alai, including off- track betting, simulcasting and telephone betting, as set forth in
sections 3( a) ( iv), 3( a) ( v), 3( a) ( vi) and 3( a) ( vii) of this Compact. Such standards shall protect
the public interest in the integrity of the gaming operations and shall reduce the dangers of
unsuitable, unfair or illegal practices and methods and activities in the conduct of gaming. The
initial standards of operation and management shall be those set forth in Appendix B until
different standards are adopted by the Tribal gaming agency. The Tribal gaming agency shall
notify the State gaming agency of any revision of the standards of operation and management
and shall either ( i) certify that the revisions to the standards will have no material effect on the
manner in which the standards protect the public interest in the integrity of the gaming
operations and reduce the dangers of unsuitable, unfair or illegal practices and methods and
activities in the conduct of gaming; or ( ii) request the approval of the State gaming agency for
such revised standards, which approval shall be deemed granted unless disapproved within sixty
days of submission of the revised standards; the State gaming agency shall approve the revised
standards upon request unless it finds that they would have a material adverse impact on the
public interest in the integrity of the gaming operations, and shall disapprove only such portions
of any proposed revised standards which are determined to have a material adverse impact on
such public interest, setting forth with specificity the reasons for such disapproval; any
disapproval of revised standards by the State gaming agency shall be subject to review in the
31
manner provided by the laws of the State for review of administrative decisions which are
subject to judicial review.
( b) Calculation of required takeout. The Tribal operation conducting any form of
pari- mutuel betting pursuant to this section shall distribute all sums deposited in any pari- mutuel
program to the holders of winning tickets therein, less the takeout percentage which shall be the
required takeout percentage as determined in accordance with this sub- section plus one half of
the breakage to the dime of the amount so retained. The required takeout percentage shall be:
( i) for pari- mutuel betting on dog racing, nineteen percent ( or such other percent
as may be the gross takeout required under the laws of the State for licensees
of the State conducting pari- mutuel betting on dog racing).
( ii) for pari- mutuel betting on jai alai, eighteen percent ( or such other percent
as may be the gross takeout required under the laws of the State for
licensees of the State conducting pari- mutuel betting on jai alai).
( iii) for pari- mutuel betting on horse racing, seventeen percent ( or such other
percent as may be the gross takeout required under the laws of the State
for licensees of the State conducting pari- mutuel betting on horse racing).
( iv) for pari- mutuel off track betting, seventeen percent ( or such other percent
as may be the gross takeout required under the laws of the State for the
State off track betting system).
( c) Testing of equipment. The State gaming agency may perform such tests on
totalisator equipment employed in the conduct of Tribal pari- mutuel wagering and any off track
betting computer system as it may reasonably require to verify the integrity and accuracy of such
systems.
32
( d) Special pari- mutuel wagers. The Tribal gaming operations may, only with the
approval of the State gaming agency, conduct special forms of pari- mutuel wagering at its off-track
betting operations and at any race track or jai alai fronton located on the Reservation, in
addition to those types of wagers described in sections 6, 7, and 58 through 62 of Appendix B.
The State may test any computer hardware or software required for the operation of such special
wagering and shall grant its approval so long as the special wager will be conducted in a manner
which is honest, fair to the patrons, and amenable to regulatory oversight.
( e) Security procedures for audio- video signals. The Tribe shall consult with the
State gaming agency regarding the adoption of security procedures for audio and video signals
utilized in the operation of any off track betting system and shall adopt security procedures
substantially corresponding to those utilized by the State for corresponding types of audio and
video signals or such other procedures as may be adopted by the Tribal gaming agency and
approved by the State gaming agency.
( f) Computer recording of wagering information. The totalisator equipment
selected for use at each of the Tribe’s pari- mutuel wagering operations shall be capable of
generating a computer log of wagering activities in a form approved by the State gaming agency
to enable the State gaming agency to provide computer verification of the accuracy and integrity
of wagering activities.
( g) Betting limits to prevent manipulation. The Tribe shall reject any wager at a
pari- mutuel wagering operation which, in the judgment of the Tribal gaming operation, is so
large with respect to the size of any wagering pool as to enable an individual placing such wager
to manipulate the wagering pool for unfair advantage over other patrons.
33
( h) Payment medium for wagers. All wagers at pari- mutuel windows of any Tribal
gaming operation shall be in United States currency; provided, however, that nothing herein shall
restrict the right of the Tribe to provide check cashing or cash advance facilities for use in
conjunction with credit cards for the convenience of patrons.
SECTION 9. Standards of operation and management for lottery gaming.
( a) Adoption of standards of operation and management. The Tribal gaming agency
shall adopt standards of operation and management to govern all gaming operations utilizing the
authority of the Tribe to conduct lottery gaming, as set forth in section 3( a) ( iii) of this Compact.
Such standards shall protect the public interest in the integrity of the gaming operations and shall
reduce the dangers of unsuitable, unfair or illegal practices and methods and activities in the
conduct of gaming. The initial standards of operation and management shall be those set forth in
Appendix C until different standards are adopted by the Tribal gaming agency. The Tribal
gaming agency shall notify the State gaming agency of any revision of the standards of operation
and management and shall either ( i) certify that the revisions to the standards will have no
material effect on the manner in which the standards protect the public interest in the integrity of
the gaming operations and reduce the dangers of unsuitable, unfair or illegal practices and
methods and activities in the conduct of gaming; or ( ii) request the approval of the State gaming
agency for such revised standards, which approval shall be deemed granted unless disapproved
within sixty days of submission of the revised standards; the State gaming agency shall approve
the revised standards upon request unless it finds that they would have a material adverse impact
on the public interest in the integrity of the gaming operations, and shall disapprove only such
portions of any proposed revised standards which are determined to have a material adverse
34
impact on such public interest, setting forth with specificity the reasons for such disapproval; any
disapproval of revised standards by the State gaming agency shall be subject to review in the
manner provided by the laws of the State for review of administrative decisions which are
subject to judicial review.
( b) Testing of certain lottery equipment. The Tribe shall engage an independent
testing laboratory registered in accordance with this Compact to test tickets used in a Tribal
lottery and shall provide copies of each report of such testing laboratory to the State gaming
agency. The State gaming agency may perform such tests on any on- line computer system,
drawing equipment, or tickets employed in the conduct of a Tribal lottery as it may reasonably
require to verify the integrity and accuracy of such systems.
( c) Lottery drawing security procedures. The Tribe shall consult with the State
gaming agency regarding the adoption of lottery drawing security procedures and shall adopt to
lottery drawing security procedures substantially corresponding to those utilized by the State for
corresponding types of lottery drawings or such other procedures as may be adopted by the
Tribal gaming agency and approved by the State gaming agency.
( d) Approval of annuity providers. The State gaming agency shall review the
qualifications of any annuity provider selected by the Tribe in connection with the payment of
any lottery prize in order to determine the financial responsibility of such provider and the Tribe
shall not employ such provider unless the State gaming agency determines that the provider
meets standards of financial responsibility corresponding to those imposed by the State for
similar purposes.
( e) Approval of lottery games. The Tribal gaming operation shall submit to the
State gaming agency for its review each proposed new lottery game to be operated by the Tribe
35
which is not substantially identical to corresponding games operated by the State and shall
approve such game so long as the rules of the game and any software or hardware computer
equipment, drawing equipment and lottery tickets required for operation of such game make it
possible to operate such game in a manner which is honest, fair to patrons and amenable to
regulatory oversight.
SECTION 10. Tribal regulatory authority in the event that the State declines to exercise
jurisdiction.
( a) Default authority of Tribal gaming agency. In the event that the State gaming
agency declines to exercise all or any portion of the authority vested in the State gaming agency
pursuant to Sections 5, 6, 7( a), 7( b), 8( a), 8( c), 8( d), 8( e), 8( f), 9( a), 9( b), 9( c), 9( d), 9( e) or 13( b)
of this Compact, or in any standards of operation and maintenance adopted in accordance with
sections 7, 8 or 9 of this Compact, then the Tribal gaming agency shall exercise such authority
and carry out the responsibilities set forth therein including, without limitation, licensing of
employees and registration of gaming service enterprises, until and unless the State gaming
agency advises the Tribe in writing that it is prepared to exercise such authority.
( b) Default authority of Tribal law enforcement agency. In the event that the State
law enforcement agency declines to exercise the responsibilities vested in it pursuant to sections
5 and 6 of this Compact, then the Tribal law enforcement agency shall carry out such
responsibilities at the request of the State gaming agency or the Tribal gaming agency, as the
case may be, until and unless the State law enforcement agency agrees to exercise such
responsibility.
36
( c) Default provisions for appeal of State administrative actions. Whenever in this
Compact it is provided that decisions of State administrative actions may be appealed to the
Superior Court of Connecticut in the manner provided for appeal of agency actions subject to
judicial review, in the event that such Court lacks jurisdiction to entertain such appeal, then the
action shall be subject to appeal to an arbitrator designated in accordance with the procedures of
the American Arbitration Association. The procedures for such arbitration shall be governed by
the rules of the American Arbitration Association. The arbitration shall be decided in
accordance with the provisions of this Compact and, to the extent consistent with such
provisions, in accordance with the principles generally applicable under Connecticut law to
review of final administrative decisions subject to judicial review.
SECTION 11. State assessment for costs of oversight.
( a) Imposition of assessment for State regulatory expenditures. The State shall
annually make an assessment sufficient to compensate the State for the reasonable and necessary
costs of regulating gaming operations and conducting law enforcement investigations pursuant to
this compact. Such assessment shall include any costs of fringe benefits for personnel due and
owing to the State Comptroller and shall be net of fees received with respect to the submission of
gaming service enterprise registrations pursuant to section 6 of this compact.
( b) Procedure for assessments. On or before August first, annually, the State shall
render to the Tribe a statement of the total cost of regulation and law enforcement for the
preceding fiscal year ending June thirtieth, together with proposed assessments for the
forthcoming fiscal year based on the preceding fiscal year cost, except that in the first year of this
Compact the assessment shall be prospective and based upon a prorata allocation of costs if this
37
Compact becomes operative in the course of a fiscal year, and shall be established following
consultation with the Tribe. On September first annually, the State, after receiving any
objections to the proposed assessments and making such changes or adjustments as may be
indicated, shall assess the Tribe for the costs of regulation and law enforcement. The Tribe shall
thereafter make a payment representing one- third of the assessment within a twenty day period,
and thereafter payments on January 1 and April 1 annually. Such payments shall be deposited
with the State treasurer. The moneys so deposited shall be credited to the general fund of the
state and shall be accounted for as the State may deem appropriate.
( c) Procedure for appeal of assessments. If the Tribe is aggrieved because of any
assessment levied pursuant to this Compact, it may, within one month from the time provided for
the payment of such assessment, appeal therefrom to the superior court for the judicial district of
Hartford- New Britain, which appeal shall be accompanied by a citation to the Executive Director
of the Division of Special Revenue to appear before said court. Such citation shall be signed by
the same authority, and such appeal shall be returnable at the same time and served and returned
in the same manner, as is required in case of a summons in a civil action. Proceedings in such
matter shall be conducted in the same manner as provided for proceedings pursuant to section 38-
54 of the Connecticut General Laws or such successor statute as may be enacted by the State.
( d) Adjustment of excess assessments. In the event that the total assessment paid by
the Tribe during any fiscal year of the State exceeds the reasonable and necessary costs of
regulating gaming operations and conducting law enforcement investigations pursuant to this
Compact during such fiscal year, then the State shall adjust the assessment for the succeeding
fiscal year in the amount necessary to offset such excess assessment. If the Tribe is aggrieved
38
because of any failure by the State to make such an adjustment, any claim for such adjustment
shall be presented in the appeal of the assessment as provided in sub- section ( c).
( e) Adjustment for termination of regulatory oversight. If the State ends regulatory
oversight during the course of a fiscal year in accordance with the terms of this
compact, then there shall be a prorata adjustment to the assessment made by the State
in accordance with the provisions of subsections ( a) and ( b).
SECTION 12. Approval of management contracts.
In accordance with Section 11( d) ( 9) of the Act, 25 U. S. C. § 2710( d) ( 9), the Chairman of
the National Indian Gaming Commission shall be responsible for the review and approval of any
management contract for management of Tribal gaming operations conducted on the Reservation
pursuant to this Compact in accordance with the provisions of subsections ( b), ( c), ( d), ( f), ( g)
and ( h) of Section 12 of the Act, 25 U. S. C. § 2711. The Tribe shall not enter into any
management contract for the management of Tribal gaming operations on the Reservation
without the approval of the Chairman in accordance with the terms of the Act. The Tribe shall
provide the State gaming agency with notice of any management contract submitted to the
National Indian Gaming Commission in accordance with this section and the Tribe agrees that
the State should be deemed to have standing to submit its views regarding approval of such
contract to the National Indian Gaming Commission.
SECTION 13. Enforcement of Compact provisions.
( a) Tribal gaming commission supervision. The Tribal gaming agency shall have
primary responsibility for oversight of tribal gaming operations and shall, for that purpose,
39
employ non- uniformed inspectors who shall be present in all gaming facilities during all hours of
operation and who shall be under the supervision of personnel accountable solely to the Tribal
gaming agency and not to any management employees of the Tribal gaming operations. Such
inspectors shall have unfettered access to all areas of the gaming facilities at all times, and
personnel employed by the Tribal gaming operation shall for such purposes provide such
inspectors access to locked and secure areas of gaming facilities in accordance with the standards
of maintenance and operation promulgated pursuant to section 7 of this Compact. Such
inspectors shall report to the Tribal gaming agency regarding any failure by the Tribal gaming
operation to comply with any of the provisions of this Compact or the applicable laws and
ordinances of the Tribe. Inspectors assigned by the Tribal gaming agency shall also receive
consumer complaints within the gaming facilities and shall assist in seeking voluntary resolution
of such complaints. The Tribal gaming agency may investigate any report of a failure to comply
with the provisions of this Compact or the applicable laws and ordinances of the Tribe and may
require the Tribal gaming operation to correct such failure upon such terms and conditions as the
Tribal gaming agency may determine necessary. Notwithstanding the provisions of section
17( h), inspectors employed by the Tribal gaming agency for the purposes set forth in this section
shall be required to obtain gaming employee licenses pursuant to section 5 of this Compact. The
Tribe will prepare a plan for the protection of public safety and the physical security of patrons
in each of its gaming facilities, following consultation and agreement with the State law
enforcement agency, setting forth the respective responsibilities of the Tribal law enforcement
agency, the security departments of the Tribal gaming operations, and the State law enforcement
agency. The Tribe will also provide the State gaming agency with copies of its floor plans and
surveillance system for each gaming facility and confer with the State gaming agency regarding
40
the adequacy of such plans and systems. The Tribal gaming agency shall be empowered by
Tribal ordinance to impose fines and other appropriate sanctions within the jurisdiction of the
Tribe upon any person who violates provisions of this Compact or the applicable Standards of
Operation of Management adopted by the Tribal gaming agency.
( b) State review authority. The State gaming agency shall have the authority to
review the tribal gaming operations in order to determine whether such operations are conducted
in compliance with the provisions of this Compact, and for that purpose personnel employed by
the State gaming agency shall have access to all areas of the gaming facilities without prior
notice for the purpose of audits of the Tribal gaming operations, and personnel employed by the
Tribal gaming operation shall for such purposes provide such State personnel auditors access to
locked and secure areas of the gaming facilities in accordance with the standards of maintenance
and operation promulgated pursuant to this Compact. Such State personnel shall report to the
State gaming agency regarding any failure by the Tribal gaming operation to comply with any of
the provisions of this Compact. Each Tribal gaming operation shall provide the State law
enforcement agency and State gaming agency with access to reasonable office space for the use
of their personnel for the purposes of such review activities. Personnel employed by the State
gaming agency shall not interfere with the conduct of the Tribal gaming operations except as
may be required to perform such review functions. Auditors employed by the State gaming
agency shall unfettered access during ordinary hours of operation to inspect and copy all records,
including computer log tapes, of the Tribal gaming agency and the Tribal gaming operations;
provided, however, that all records of the Tribal gaming operations and Tribal gaming agency
which are obtained by the State gaming agency shall be deemed confidential and proprietary
financial information belonging to the Tribe and shall be protected from public disclosure by the
41
State without the express written consent of the Tribe. The State gaming agency may conduct
such investigations and may employ subpoena powers with which it may be vested under the
laws of the State as it deems appropriate to investigate violations of this Compact with respect to
the Tribal gaming operations. The Tribal gaming agency shall require that all security incidents
and patron complaints reported by or to the Tribal security department or to the Tribal gaming
agency be reported on a daily basis to the State gaming agency. The Tribe shall cause each of its
Class III gaming operations to be subjected to an annual audit by an independent certified public
accountant in accordance with procedures adopted by the independent auditor following
consultation with the State gaming agency. Such audit shall include any additional procedures
required by the State gaming agency and not otherwise required by the independent auditor,
which additional procedures shall be performed at the sole expense of the State gaming agency.
The State gaming agency shall be provided with an opportunity to review the audit findings with
the independent auditor prior to issuance of the audit report and shall receive copies of the audit
report, engagement letter, management’s representation letter, lawyer’s contingency letter and
such other workpapers as the State gaming agency deems necessary.
( c) Enforcement authority of the State gaming agency. If the State gaming agency
determines that the Tribal gaming operation is not in compliance with the provisions of this
Compact the State gaming agency shall deliver a notice of non- compliance to the Tribal gaming
agency and the Tribal gaming operation setting forth the nature of such non- compliance and the
action required to remedy such non- compliance. In the event that the Tribal gaming operation
fails to comply with any provision of this Compact following receipt of a valid notice from the
State gaming agency requesting correction of such non- compliance, the United States District
Courts shall have jurisdiction pursuant to 25 U. S. C. § 2710( d) ( 7) ( A) ( iii) over any cause of
42
action initiated by the State gaming agency to enjoin a class III gaming activity located on the
Reservation and conducted in violation of this Compact. The Tribe hereby waives any defense
which it may have by virtue of its sovereign immunity from suit with respect to any such action
in the United States District Courts to enforce the provisions of this Compact, and consents to the
exercise of jurisdiction over such action and over the Tribe by the United States District Courts
with respect to such actions to enforce the provisions of this Compact. In addition to the
remedies provided hereunder, the State may exercise its right pursuant to sub- section ( d) of this
section to petition the National Indian Gaming Commission to impose penalties including civil
fines and temporary or permanent closure of gaming facilities for violation of the ordinances of
the Tribe including the provisions of this Compact incorporated in such ordinances.
( d) Enforcement authority of the National Indian Gaming Commission. The Tribe
shall enact as part of its tribal ordinances governing Class III gaming activities on the
Reservation and submitted to the National Indian Gaming Commission for approval pursuant to
Section 11( d) ( 2) of the Act, 25 U. S. C. § 2710( d) ( 2), all of the provisions of this Compact. In
accordance with Section 14 of the Act, 25 U. S. C. § 2713, the National Indian Gaming
Commission may enforce the provisions of the ordinances of the Tribe governing the conduct of
Class III gaming activities on the Reservation, including the provisions of this Compact as
incorporated into such ordinances pursuant to this section. The State Gaming Agency may
petition the National Gaming Commission to impose any penalty of civil fine or temporary or
permanent closure of gaming facilities, as authorized by the Act, for violation of the provisions
of this Compact as incorporated in the approved ordinances of the Tribe.
SECTION 14. Application of State regulatory standards.
43
( a) Health and safety standards. Tribal ordinances and regulations governing health
and safety standards applicable to the gaming facilities shall be no less rigorous
than standards generally imposed by the laws and regulations of the State relating
to public facilities with regard to building, sanitary, and health standards and fire
safety. The State gaming agency may require the Tribe to cooperate with any State
agency generally responsible for enforcement of such health and safety standards in
order to assure compliance with such standards. Tribal ordinances and regulations
governing water discharges from the gaming facilities shall be no less rigorous than
standards generally imposed by the laws and regulations of the State relating to
public facilities; provided, however, that to the extent that federal water discharge
standards specifically applicable to the Reservation would preempt such State
standards, then such federal standards shall govern.
( b) R egulation of alcoholic beverages. Service of alcoholic beverages within any
gaming facility shall be subject to the laws and regulations of the State applicable
to sale or distribution of alcoholic beverages. The Tribal gaming operation shall be
entitled to a hotel permit for the sale of liquor for gaming facilities which are
contained in the same building as any hotel, or a café permit for the sale of liquor
for gaming facilities which are not contained in the same building as any hotel, or
such equivalent permits as may from time to time be available to similar enterprises
operated pursuant to the laws of the State, and the price of any alcoholic beverage
sold to a gaming customer in partial consideration for amounts wagered need not be
billed by separate charge to the individual customer; provided, however, that the
price of each such alcoholic beverage deemed sold to a gaming customer in partial
44
consideration for amounts wagered shall be no less than the price required for such
sales pursuant to the laws of the State and shall be separately accounted for by the
Tribal operation, any tax due under the laws of the State for the retail sale of such
beverages shall be paid with respect to such sales, and daily and monthly records
shall be maintained with respect thereto and shall be available for inspection by the
State gaming agency and by the State Department of Liquor Control or any
successor State agency.
( c) T raffic Standards. The Tribe shall provide access from any gaming facilities
located on the Reservation onto public highways of the State of Connecticut which
are adequate to meet standards of the State Traffic Commission or shall enter into
agreements with the State Traffic Commission for the provision of such access by
the State, including provisions for compensation by the Tribe of the costs incurred
by the State in constructing such improvements to the public highways, including
traffic control signals, as may be necessary. The State will cooperate with the Tribe
in providing at the Tribe’s expense such signage as is reasonable and appropriate in
order to permit members of the traveling public to locate the Reservation from the
major road approaches.
SECTION 15. Moratorium on certain Class III gaming.
( a) M oratorium on Class III video facsimile gaming:
Notwithstanding the provisions of section 3( a) ( ix), the Tribe shall have no authority under this
Compact to conduct Class III video facsimile games as defined pursuant to section 3( a) ( ix)
unless and until either: ( a) it is determined by agreement between the Tribe and the State, or by a
45
court of competent jurisdiction, that by virtue of the existing laws and regulations of the State the
operation of video facsimiles of games of chance would not be unlawful on the ground that the
Tribe is not located in a State that permits such gaming for any purpose by any person,
organization, or entity within the meaning of 25 U. S. C. § 2710 ( d) ( 1) ( B) ( it being understood
and agreed that there is a present controversy between the Tribe and the State in which the Tribe
takes the position that such gaming is permitted under the existing laws of the State and the State
takes the position that such gaming is not permitted under the existing laws of the State); or ( ii)
the existing laws or regulations of the State are amended to expressly authorize the operation of
any video games of chance for any purpose by any person, organization or entity. Upon such
determination the operation by the Tribe of video facsimiles of games of chance shall be subject
to the applicable provisions of the Standards of Operation and Maintenance for Games of Chance
adopted pursuant to section 7 of this Compact.
( b) M oratorium on telephone lottery betting:
Notwithstanding the provisions of section 3( a) ( x), the Tribe shall have no authority under this
Compact to conduct telephone betting on lottery games unless and until either: ( a) it is
determined by agreement between the Tribe and the State, or by a court of competent
jurisdiction, that by virtue of the existing laws and regulations of the State the operation of
telephone betting on lottery games would not be unlawful on the ground that the Tribe is not
located in a State that permits such gaming for any purpose by any person, organization, or entity
within the meaning of 25 U. S. C. § 2710 ( d) ( 1) ( B) ( it being understood and agreed that there is a
present controversy between the Tribe and the State in which the Tribe takes the position that
such gaming is permitted under the existing laws of the State and the State takes the position that
such gaming is not permitted under the existing laws of the State); or ( ii) the existing laws or
46
regulations of the State are amended to expressly authorize the operation of any telephone
betting on any lottery game for any purpose by any person, organization or entity. Upon such
determination the operation by the Tribe of telephone betting on lottery games shall be subject to
the applicable provisions of the Standards of Operation and Maintenance for Lottery Gaming
adopted pursuant to section 9 of this Compact.
( c) Moratorium on horse racing: Nothwithstanding the provisions of section 3( a)
( viii), the Tribe shall have no authority under the Compact to conduct pari- mutuel betting on
horse races conducted on the Reservation unless and until either: ( a) it is determined by
agreement between the Tribe and the State, or by a court of competent jurisdiction, that by virtue
of the existing laws and regulations of the State the operation of pari- mutuel betting on horse
races conducted on the Reservation would not be unlawful on the ground that the Tribe is not
located in a State that permits such gaming for any purpose by any person, organization, or
entity within the meaning of 25 U. S. C. § 2710( d) ( 1) ( B) ( it being understood and agreed that
there is a present controversy between the Tribe and the State in which the Tribe takes the
position that such gaming is permitted under the existing laws of the State and the State takes the
position that such gaming is not permitted under the existing laws of the State); or ( ii) the
existing laws or regulations of the State are amended to expressly authorize the operation of any
pari- mutuel betting on horse races conducted in the State for any purpose by any person,
organization or entity. Upon such determination the operation by the Tribe of pari- mutuel
betting on horse races conducted on the Reservation shall be subject to the applicable provisions
of Standards of Operation and Maintenance for Horse Racing which shall be adopted by the
Tribal gaming agency and submitted to the State gaming agency for approval, which approval
will not be unreasonably withheld so long as such Standards are substantially equivalent to the
47
Standards applicable to pari- mutuel betting on greyhound races as contained in Appendix B of
this Compact.
( d) Moratorium on off- track pari- mutuel telephone betting: Notwithstanding the
provisions of section 3( a) ( xi), the Tribe shall have no authority under this Compact to conduct
off- track pari- mutuel telephone betting unless and until it is determined by agreement between
the Tribe and the State, or by a court of competent jurisdiction, that such gaming would not
violate the Indian Gaming Regulatory Act on the ground that such gaming does not constitute
Class III gaming activities on Indian lands within the meaning of 25 U. S. C. § 2710( d) ( 1) ( it
being understood and agreed that there is a present controversy between the Tribe and the State
in which the Tribe takes the position that such gaming is gaming on Indian lands within the
meaning of the Act and the State takes the position that such gaming is not gaming on Indian
lands within the meaning of the Act). Upon such determination the operation by the Tribe of off-track
pari- mutuel telephone betting shall be subject to the applicable provisions of the Standards
of Operation and Maintenance for Pari- Mutuel Gaming adopted pursuant to section 8 of this
Compact.
( e) Moratorium on games of chance: Notwithstanding the provisions of section 3( a)
( i) or 3( a) ( ix) or 15( a), the Tribe shall have no authority under this Compact to conduct games of
chance or video facsimiles of games of chance as defined in sections 3( a) ( i) and 3( a) ( ix) unless
and until the later of: ( a) July 1, 1991; or ( b) the date ninety days following the date on which
the Tribe gives written notice to the State setting forth its intention to conduct such games of
chance, together with a description of the facility in which such games will be conducted and the
approximate number of gaming employees who will be required to be licensed pursuant to this
Compact with respect to such facility.
48
SECTION 16. Application of net revenues of Class III Gaming.
In accordance with the provisions of section 11( b) ( 2) ( B) and 11( d)( 1) ( A) ( ii) of the Act,
25 U. S. C. § 2710( b) ( 2) ( B) and ( d) ( 1) ( A) ( ii), the ordinances of the Tribe governing Class III
gaming activities on the Reservation shall provide that net revenues from any such gaming
activities are not to be used for purposes other than:
( a) to fund tribal government operations or programs;
( b) to provide for the general welfare of the Indian tribe and its members;
( c) to promote tribal economic development;
( d) to donate to charitable organizations; or
( e) to help fund operations of local government agencies of the State and its political
subdivisions.
SECTION 17. Effective Date and Duration; Amendments.
( a) E ffective date. This Compact shall be effective upon publication of notice of
approval by the Secretary of the Interior of the United States in the Federal
Register in accordance with 25 U. S. C. § 2710( d) ( 3) ( B).
( b) T ermination. Once effective this Compact shall be in effect until terminated by
written agreement of both parties.
( c) A mendment and modification. The terms and conditions of this Compact shall
not be modified, amended or otherwise altered except by written agreement of
both parties and enactment as set forth in sub- section ( a).
49
( d) S ubsequent negotiations. Nothing in this Compact shall be deemed to waive the
right of the Tribe to request negotiations for a tribal- state compact with respect to
a Class III gaming activity which is to be conducted on the Reservation but is not
permitted under the provisions of this Compact, including forms of Class III
gaming which were not permitted by the State for any purpose by any person,
organization, or entity at the time when this Compact was negotiated but are
subsequently so permitted by the State, in accordance with 25 U. S. C. § 2710( d) ( 3)
( A); provided, however, that this sub- section shall not be deemed to authorize the
Tribe to initiate a new request for negotiations regarding the terms of this
Compact applicable to forms of gaming authorized by section 3( a) of this
Compact, except to the extent that existing state law relating to such forms of
gaming are changed or to the extent that the State voluntarily consents to such
negotiations.
( e) S tatus of Class II gaming. Nothing in this Compact shall be deemed to affect the
operation by the Tribe of any Class II Gaming as defined in the Act, whether
conducted within or without the gaming facilities, or to confer upon the State any
jurisdiction over such Class II Gaming conducted by the Tribe on its Reservation.
( f) P rohibition on taxation by the State. Nothing in this Compact shall be deemed to
authorize the State to impose any tax, fee, charge or assessment upon the Tribe or
any Tribal gaming operation except for charges expressly authorized pursuant to
section 11 of this Compact.
( g) N o restrictions on banking functions. Nothing in this Compact shall be deemed
to regulate or to authorize State regulation of any ordinary commercial or banking
50
function of the Tribe, including without limitation the provision of cash advance
facilities for use of credit cards or bank cards located either within or without any
gaming facilities.
( h) Preservation of Tribal self- government. Nothing in this Compact shall be
deemed to authorize the State to regulate in any manner the government of the
Tribe, including the Tribal gaming agency, or to interfere in any manner with the
Tribe’s selection of its governmental officers including members of the Tribal
gaming agency. No licensing or registration requirement contemplated by this
Compact shall be applicable to such officers with respect to their capacity as
officers of the Tribe.
( i) C onsultation upon revision of State regulations. Whenever the State adopts or
revises any rule or regulation which corresponds to any provision of the Tribe’s
Standards of Operations and Management relating to the same type of gaming, the
State gaming agency may notify the Tribal gaming agency that it requests
analogous changes in such Standards and the Tribal gaming agency will promptly
confer with the State gaming agency in good faith concerning the appropriateness
and applicability of such changes.
SECTION 18. Notices.
All notices required or authorized to be served shall be served by first class mail at the
following addresses:
Tribal Chairman Governor
Mashantucket Pequot Tribe State of Connecticut
51
Post Office Box 160 State Capitol
Ledyard, CT 06339 Hartford, CT 06106
SECTION 19. Severability. In the event that any section or provision of this Compact is held
invalid, or its application to any particular activity held invalid, it is the intent of the parties that
the remaining sections of the Compact and the remaining applications of such section or
provision shall continue in full force and effect.
52

Click tabs to swap between content that is broken into logical sections.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
MASHANTUCKET PEQUOT TRIBE, )
)
Plaintiff, )
)
v. )
) Civil Action No. H89- 717
STATE OF CONNECTICUT, )
et al., )
)
Defendants. )
________________________________
PROPOSAL OF THE STATE OF CONNECTICUT FOR A
TRIBAL- STATE COMPACT
Between the
MASHANTUCKET PEQUOT TRIBE
and the
STATE OF CONNECTICUT
Submitted to Henry J. Naruk, mediator,
pursuant to 25 U. S. C. § 2710 ( d) ( 7) ( B) ( iv)
CLARINE NARDI RIDDLE
ATTORNEY GENERAL
RICHARD M. SHERIDAN
Assistant Attorney General
MacKenzie Hall
110 Sherman Street
Hartford, CT 06105
( 203) 566- 7570 ( corrected)
i
TABLE OF CONTENTS
STATE OF CONNECTICUT – MASHANTUCKET PEQUOT TRIBE
GAMING COMPACT
S ection S ubject matter
Page
1
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
( d) Prohibited Class III gaming....................................................................... 10
( e) Prohibition on attendance of minors.......................................................... 11
( f) Compliance with reporting requirements................................................... 11
f
( g) Tort remedies for patrons........................................................................... 12
( h) Organization of tribal operations............................................................... 12
4 Law enforcement matters relating to Class III Gaming............................. 12
( a) State criminal jurisdiction payment........................................................... 12
( b) Powers of State law enforcement officers................................................. 12
( c) Powers of Tribal law enforcement officers................................................ 13
5 Licensing of gaming employees................................................................ 13
( a) Requirements for employee licensing........................................................ 13
( b) Procedure for license applications............................................................. 13
( c) Background investigation of applicants..................................................... 14
( d) Temporary licensing.................................................................................. 14
( e) Action by State gaming agency................................................................. 15
( f) Duration of license and renewal................................................................ 16
( g) Revocation or suspension of license.......................................................... 16
( h) Badges........................................................................................................ 16
( i) Appeal of license decisions........................................................................ 17
ii
( j) Investigation of non- gaming employees.................................................... 17
6
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
( d) Temporary registration............................................................................... 20
( e) Action by State gaming agency................................................................. 20
( f) Duration of registration and renewal......................................................... 21
( g) Revocation or suspension of registration................................................... 21
( h) Appeal of registration decisions................................................................. 22
( i) Fee for registration..................................................................................... 22
( j) Investigation of non- gaming enterprises.................................................... 22
7
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
8
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
( f) Computer recording of wagering information........................................... 31
( g) Betting limits to prevent manipulation...................................................... 31
( h) Payment medium for wagers..................................................................... 31
9
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
10
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
11
iii
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
12
Assistant Attorney General......................................................................................................... i
Subject Matter iv
1
( h) Preservation of Tribal self- government..................................................... 48
( i) Consultation upon revision of State regulations........................................ 48
18 Notices....................................................................................................... 49
19 Severability................................................................................................ 49
Subject Matter
iv
TRIBAL- STATE COMPACT
Between the
MASHANTUCKET PEQUOT TRIBE
and the
STATE OF CONNECTICUT
THIS TRIBAL- STATE COMPACT made and entered into by and between the
MASHANTUCKET PEQUOT TRIBE, a federally- recognized Indian Tribe, and the STATE OF
CONNECTICUT, pursuant to the provisions of the Indian Gaming Regulatory Act, Pub. L. 100-
497, 25 U. S. C. § § 2701 et seq,
WITNESSETH:
WHEREAS, the Mashantucket Pequot Tribe is a federally- recognized Indian Tribe,
possessed of all, sovereign powers and rights thereto pertaining; and
1
WHEREAS, the State of Connecticut is a sovereign state of the United States with all
rights and powers thereto pertaining; and
WHEREAS, the Congress of the United States has enacted into law the Indian Gaming
Regulatory Act. Pub. L. 100- 497, 25 U. S. C. § 2701, et seq., which provides in part that a tribal-state
Compact may be negotiated between a Tribe and a State to govern the conduct of certain
gaming activities which constitute Class III gaming for purposes of the Act on the Indian lands
of the Tribe within the State; and
WHEREAS, the Mashantucket Pequot Tribe and the State of Connecticut have mutually
agreed, within the parameters established by the Act, to the following provisions governing the
conduct of Class III gaming activities on the lands of the Tribe designed to ( a) protect the health,
welfare and safety of the citizens of the Tribe and the State, and ( b) develop and implement a
means of regulation for the conduct of Class III gaming on Indian lands as that term is defined in
the Act in order to attempt to insure the fair and honest operation of such gaming activities and to
minimize the possibility of corruption or illegal practices in conjunction with such activities and
( c) to attempt to maintain the integrity of all activities conducted in regard to Class III gaming;
NOW, THEREFORE, the MASHANTUCKET PEQUOT TRIBE and THE STATE OF
CONNECTICUT do enter into a Tribal- State Compact as provided for herein.
2
SECTION 1. Title. This document shall be cited as “ The Mashantucket Pequot Tribe – State
of Connecticut Gaming Compact.”
SECTION 2. Definitions. For purposes of this Compact:
( a) “ Act” means the Indian Gaming Regulatory Act, Pub. L. 100- 497, 25 U. S. C. §
2701 et seq.
( b) “ Bazaar game” means a game, sport, amusement, diversion, scheme, plan,
project, contest, undertaking or enterprise wherein chance, fortune, luck or lot is the
predominating factor or element in the winning or awarding of a prize, but shall not include a
lottery nor any game, sport, amusement, diversion, scheme, plan, project, contest, or undertaking
where the skill, accomplishment, art or adroitness of the operator or participant is the primary
factor in the winning or awarding of a prize.
( c) “ Class III Gaming” means all forms of gaming that are not Class I gaming or
Class II gaming, as defined in sections 4 ( 6) and 4 ( 7) of the Act, 25 U. S. C. § § 2703 ( 6) and ( 7).
( d) “ Compact” means this Mashantucket Pequot Tribe – State of Connecticut Gaming
Compact”
( e) “ Complimentary services” means the provision to a patron of a gaming facility or
such patron’s guest, either free of charge or at a reduced price, of any goods or services,
including transportation, lodging, and coupons or other representations of money for use in
wagering.
3
( f) “ Enterprise” means any individual, trust, corporation, partnership, or other legal
entity of any kind other than a tribal enterprise wholly owned by the Mashantucket Pequot Tribe;
provided, however, that with respect to any corporation, the term “ enterprise” shall include each
other corporation or other legal entity which, directly or indirectly, controls a majority of the
voting interests in such corporation; and further provided, that with respect to any partnership,
trust, or other form of unincorporated business organization, the term “ enterprise” shall include
each corporation or other legal entity which, directly or indirectly, controls a majority of the
voting interests in such organization.
( g) “ Fronton” means a facility on the Reservation in which the game of jai alai is
conducted.
( h) “ Gaming employee” means any natural person employed in the operation or
management of the gaming facilities, whether employed by the Tribe or by any
enterprise providing on- site services to the Tribe within a gaming facility, including,
but not limited to, gaming facility managers and assistant managers; accounting
personnel; gaming facility security personnel; gaming facility surveillance
personnel; credit executives; gaming facility cashier supervisors; dealers or
croupiers; box men; floormen; pit bosses; video facsimile game mechanics and
attendants; shift bosses; cage personnel; collection personnel; lottery ticket sellers;
persons employed in the acceptance or redemption of pari- mutuel wagers;
simulcasting equipment operators; computer operators and technicians; food and
beverage service personnel; and any other natural person whose employment duties
require or authorize access to restricted areas of the gaming facilities not otherwise
opened to the public; and any owner of an interest in a greyhound which races at any
4
Tribal gaming operation, whether or not such owner participates actively in such
operation or is present at any gaming facility.
( i) “ Gaming equipment” means any machine or device which is specially designed or
manufactured for use in the operation of any Class III gaming activity including those devices
described in standards of operation and management pursuant to section 7 ( c) ( i) of this
Compact, video facsimile games, lottery tickets, lottery on- line computer equipment, lottery
drawing equipment, and pari- mutuel electronic totalizator systems.
( j) “ Gaming facility” means any room or rooms in which Class III Gaming as
authorized by this Compact is conducted on the Reservation.
( k) “ Gaming operation” means any enterprise operated by the Tribe on its
Reservation for the conduct of any form of Class III gaming in any gaming facility.
( 1) “ Gaming school” means any enterprise organized to provide specialized training
to gaming employees for the conduct of Class III gaming, other than programs operated by the
Tribal gaming operation.
( m) “ Gaming services” means the providing of any goods or services to the Tribe
directly in connection with the operation of Class III gaming in a gaming facility,
including maintenance or security services for the gaming facility, junket services,
gaming schools, printing or manufacture of lottery or pari- mutuel betting tickets,
laboratory testing of gaming equipment including video facsimile machines or
lottery tickets, and manufacture, distribution, maintenance or repair of gaming
equipment.
( n) “ Junket services” means any arrangement to facilitate the attendance at a gaming
facility of patrons selected by reason of their propensity to gamble by providing to
5
such patrons any consideration including cash or rebates or reduced charges for
goods or services such as transportation, lodging, food, beverage, or entertainment;
provided, however, that the term shall not include enterprises which function solely
to provide common transportation to a gaming facility to the public without
limitation to selected patrons.
( o) “ Lottery” means any game for which tickets are sold, the winning ticket or tickets
being secretly predetermined or ultimately selected in a chance drawing, and in
which the holders of winning tickets receive money or something of value.
( p) “ National Indian Gaming Commission” means the Commission established pursuant
to Section 5 of the Act, 25 U. S. C. § 2704.
( q) “ Off track betting” means pari- mutuel betting on racing results which is conducted
on premises other than the site of the race.
( r) “ Pari- mutuel” means a betting system in which all persons who bet on any
contender in a jai alai game or in an animal race for any position for which bets are taken in such
game or race share in an established prize pool of similar bets.
( s) “ Principal” means with respect to any enterprise: ( i) each of its officers and
directors; ( ii) each of its principal management employees, including any chief executive officer,
chief financial officer, chief operating officer, or general manager; ( iii) each of its owners or
partners if an unincorporated business; ( iv) each of its shareholders who owns more than ten per
cent of the shares of the corporation if a corporation; and ( v) each person other than a banking
institution who has provided financing for the enterprise constituting more than ten per cent of
the total financing of the enterprise.
6
( t) “ Reservation” means the Indian lands of the Mashantucket Pequot Tribe within
the State of Connecticut as defined by Section 4( 4) of the Act, 25 U. S. C. § 2703 ( 4), including all
lands within the Mashantucket Pequot Reservation as defined by 25 U. S. C. § 1752 ( 7) and all
lands within the State of Connecticut title to which is either held in trust by the United States for
the benefit of the Tribe or held by the Tribe subject to restriction by the United States against
alienation; provided, that the term �� Reservation” shall not include those lands acquired by the
United States in trust for the benefit of the Tribe after October 17, 1988 which are excluded from
the provisions of the Act pursuant to Section 20 of the Act, 25 U. S. C. § 2719;
( u) “ Simulcasting” means the closed- circuit television or radio transmission of a race
at one racetrack to another racetrack or facility at the same time the race is being conducted.
( v) “ State” means the State of Connecticut, its authorized officials, agents and
representatives.
( w) “ State gaming agency” means the Division of Special Revenue of the State or
such other agency of the State as the State may from time to time designate by written notice to
the Tribe as the single state agency responsible for oversight of Class III Gaming as authorized
by this Compact.
( x) “ State law enforcement agency” means the Connecticut State Police or such other
law enforcement agency of the State as the State may from time to time designate
by written notice to the Tribe as the law enforcement agency of the State which
will have primary responsibility for law enforcement with respect to Class III
Gaming activities on the Reservation.
7
( y) “ Telephone betting” means the acceptance of bets in a lottery or pari- mutuel pool
telephone from persons who have deposited funds in a deposit account established for such
purpose.
( z) “ Tribal gaming agency” means the Mashantucket Pequot Tribal Gaming
Commission or such other agency of the Tribe as the Tribe may from time to time designate by
written notice to the State as the single tribal agency responsible for regulatory oversight of Class
III Gaming as authorized by this Compact.
( aa) “ Tribal law enforcement agency” means the police force of the Mashantucket
Pequot Tribe established and maintained by the Tribe pursuant to the Tribe’s powers of self-government
to carry out law enforcement within the Reservation.
( bb) “ Tribe” means the Mashantucket Pequot Tribe, its authorized officials, agents and
representatives.
( cc) “ Video facsimile” means any mechanical, electrical or other device, contrivance
or machine, which, upon insertion of a coin, currency, token or similar object
therein, or upon payment of any consideration whatsoever, is available to play or
operate, the play or operation of which is a facsimile of a game of chance, and
which may deliver or entitle the person playing or operating the machine to
receive cash or tokens to be exchanged for cash or to receive any merchandise or
thing of value, whether the payoff is made automatically from the machine or in
any other manner whatsoever.
SECTION 3. Authorized Class III Gaming.
8
( a) Authorized games. The Tribe may conduct, only within the Reservation, and
subject to the terms and conditions of this Compact, any or all of the following:
( i) The following games of chance:
( A) Blackjack;
( B) Poker;
( C) Dice;
( D) Money- wheels;
( E) Roulette;
( F) Baccarat;
( G) Chuck- a- luck;
( H) Pan game;
( I) Over and Under;
( J) Horse race game;
( K) Acey- ducey;
( L) Beat the dealer;
( M) Bouncing ball.
( ii) Any bazaar game not listed in sub- section ( i), but only if conducted solely
for merchandise prizes.
( iii) Any lottery game.
( iv) Off- track pari- mutuel betting on animal races.
( v) Pari- mutuel betting, through simulcasting, on animal races.
( vi) Pari- mutuel betting on jai alai games conducted on the Reservation.
( vii) Pari- mutuel betting on dog racing conducted on the Reservation.
9
( viii) Pari- mutuel betting on horse racing conducted on the Reservation, but
only to the extent authorized in accordance with section 15 of this
Compact.
( ix) Video facsimiles of any game of chance listed in sub- section 3( a) ( i), but
only to the extent authorized in accordance with section 15 of this
Compact.
( x) Telephone betting on any lottery game, but only to the extent authorized in
accordance with section 15 of this Compact.
( xi) Off- track pari- mutuel telephone betting on animal races, but only to the
extent authorized in accordance with section 15 of this Compact.
( b) Authorized gaming facilities. ( i) The Tribe may establish gaming facilities on
the Reservation for the operation of any games of chance as authorized pursuant
to sub- section ( a) ( I) of this section and, only to the extent authorized pursuant to
section 15, games authorized pursuant to sub- section ( a) ( ix) of this section; ( ii)
The Tribe may conduct bazaar games in any location on the Reservation, whether
separately from or together with other Class III gaming; ( iii) the Tribe may
operate lottery games, including only to the extent authorized pursuant to section
15, telephone betting on such games, on the Reservation; ( iv) the Tribe may
establish gaming facilities on the Reservation for the operation of any off- track
pari- mutuel betting, including, only to the extent authorized pursuant to section
15, telephone betting, and simulcasting as authorized pursuant to sub- sections ( a)
( iv), ( a) ( v) and a ( xi) of this section; ( v) the Tribe may establish gaming facilities
on the Reservation for the operation of pari- mutuel betting on jai alai conducted at
10
a fronton on the Reservation; ( vi) the Tribe may establish gaming facilities on the
Reservation for the operation of pari- mutuel betting on dog racing conducted at a
racetrack on the Reservation; ( vii) the Tribe may establish gaming facilities on the
Reservation for the operation of pari- mutuel betting on horse racing conducted at
a racetrack on the Reservation only to the extent authorized pursuant to section
15.
( c) Authorized forms of payment. All payments for wagers made in authorized
forms of Class III gaming conducted by the Tribe on its reservation, including the purchase of
chips, plaques or tokens for use in wagering, shall be made by cash, cash equivalent, check or
credit card.
( d) Prohibited Class III gaming. The Tribe may not conduct any form of Class III
gaming which is not expressly enumerated in section 3 ( a) of this Compact unless this Compact
is amended pursuant to section 17 ( c) of this Compact.
( e) Prohibition on attendance of minors . No person under the minimum age for
purchase of alcoholic beverages under the laws of the State shall be admitted into any gaming
facility other than facilities limited to the play of bazaar games, nor be permitted to place any
wager, directly or indirectly, other than on bazaar games; provided, however, that minors may
receive lottery tickets or changes as gifts; and further provided, however, that a person over the
age of majority may be employed in the gaming facilities provided that they are licensed in
accordance with the provisions of section five and area not employed in the service of
intoxicating liquors.
( f) Compliance with reporting requirements. The Tribe shall comply with all
applicable reporting and withholding requirements of the Internal Revenue Service relating to all
11
forms of wagering conducted by the Tribe and shall maintain accurate records of all such reports
and returns, and shall implement policies and procedures adequate to assure compliance with
such obligations in each of its gaming operations.
( g) Tort remedies for patrons. The Tribe will establish reasonable procedures for
the disposition of tort claims arising from alleged injuries to patrons of its gaming facilities. The
Tribe shall not be deemed to have waived its sovereign immunity from suit with respect to such
claims by virtue of any provisions of this Compact, but may adopt a remedial system analogous
to that available for similar claims arising against the State or such other remedial system as may
be appropriate following consultation with the State gaming agency.
( h) Organization of tribal operations. The Tribe shall disclose to the State gaming
agency its program of instructional and on- the- job training and its system of internal
organization for each of its gaming operations including a compendium of all positions involved
in the operation of its gaming facilities, including staffing and supervisory positions involved in
each table gaming activity conducted pursuant to section 3( a) ( i), and the persons designated to
occupy each position from time to time, and shall promptly notify the State gaming agency of
any change in such training programs or table of organization or in the persons designated for
any position. The Tribal gaming agency shall ensure that any person designated to occupy a
position in the gaming facilities is properly trained and qualified for such position.
SECTION 4. Law enforcement matters relating to Class III Gaming.
( a) State criminal jurisdiction. The State of Connecticut shall have jurisdiction to
enforce all criminal laws of the State which may prohibit any form of Class III Gaming on the
Reservation against any person engaged in Class III Gaming on the Reservation unless such
12
person is engaged in a form of Class III Gaming listed in section 3( a) of this Compact and
conducted by the Tribe. The State of Connecticut shall also have jurisdiction to enforce all other
criminal laws of the State which are consistent with the provisions of this Compact on the
Reservation, including enforcement within the gaming facilities.
( b) Powers of State law enforcement officers. Law enforcement officers of the State
of Connecticut shall be accorded free access to any gaming facilities for the purpose of
maintaining public order and public safety and enforcing applicable criminal laws of the State as
permitted hereunder, and personnel employed by the Tribal gaming operation shall for such
purposes provide state law enforcement officers access to locked and secure areas of the gaming
facilities in accordance with the standards of maintenance and operation promulgated pursuant to
section 7, 8 and 9 of this Compact. The State law enforcement agency may station a resident
officer at the Reservation to coordinate law enforcement within the Reservation generally,
including enforcement by officers of the Tribal law enforcement agency.
( c) Powers of Tribal law enforcement officers. Law enforcement officers of the
Mashantucket Pequot Tribe may exercise concurrent authority with that of law enforcement
officers of the State of Connecticut to maintain public order and public safety and to enforce the
applicable ordinances of the Tribe and to make arrests for violation of applicable criminal laws
of the State; provided, that persons arrested by officers of the of the tribal law enforcement
agency for violations of criminal laws of the State shall be transferred as promptly as may be
feasible to the jurisdiction of State law enforcement officers and the tribal law enforcement
agency shall comply with all reasonable requirements of State law enforcement officers and
agencies in order to assist in the prosecution of such offenders.
13
SECTION 5. Licensing of Gaming Employees
( a) Requirements for employee licensing
No person may commence or continue employment as a gaming employee unless he is
the holder of a valid current gaming employee license issued by the State gaming agency in
accordance with the provisions of this section.
( b) Procedure for license applications
Each applicant for a gaming employee license shall submit a completed license
application to the State gaming agency, with a copy thereof to the tribal gaming agency, on
forms required and provided by the State gaming agency. The Tribe, or registered gaming
service enterprise, as the case may be, shall certify on said application that submission of the
application has been approved. Such gaming employee license application forms shall contain
such information, documentation and assurances as may be required by the State gaming agency
concerning the applicant’s personal and family history, personal and business references,
criminal conviction record, business activities, financial affairs, gaming industry experience,
gaming school education and general educational background. Each completed license
application submitted to the state gaming agency pursuant to the provisions hereof shall be
accompanied by the applicant’s fingerprint card( s) and photograph( s) in form as required by the
State gaming agency. Promptly upon receipt of a completed license application, the State
gaming agency shall forward a copy thereof to the State law enforcement agency.
( c) Background Investigation of Applicants
The state gaming agency shall promptly upon receipt of an application for a gaming
employee license cause both State and Federal criminal record checks to be done on the
applicant to determine whether the applicant has any criminal history and shall so advise the
14
State law enforcement agency. The State law enforcement agency may undertake such further
investigation of the applicant and applicant’s background as it deems appropriate and shall, as
soon as is practicable after receipt of the completed license application, report to the State
gaming agency and the Tribal gaming agency ( to the extent permitted by law) on the results of
such investigation.
( d) Temporary Licensing
Unless the State criminal record check undertaken by the state gaming agency within ten
days of the receipt of a completed application discloses that the applicant has a criminal history,
or unless other grounds sufficient to disqualify the applicant pursuant to sub- section ( e) are
apparent on the face of the application, the State gaming agency shall upon request of the Tribal
Operation issue a temporary gaming employee license to the applicant, within 10 days of the
receipt of a completed application, which shall expire and become void and of no effect upon the
determination by the State gaming agency of the applicant’s suitability for a gaming employee
license.
( e) Action by State gaming agency
The State gaming agency shall, as soon as is practicable after receipt of a completed
license application, either grant or deny the license. The State gaming agency may deny a
gaming employee license to any applicant who:
( i) has been determined to be a person whose prior activities, criminal record,
if any, or reputation, habits and associations pose a threat to the effective
regulation of gaming or create or enhance the chances of unfair or illegal
practices, methods, and activities in the conduct of the gaming activities
permitted hereunder; provided, however, that the State shall not apply
15
standards for approval of licenses pursuant to this section more rigorously
than those actually applied in the approval of employee licenses in gaming
enterprises operated or regulated exclusively by the State; or
( ii) has failed to provide any information reasonably required to investigate
the application for a gaming employee license or to reveal any fact
material to such application, or has furnished any information which is
untrue or misleading in connection with such application.
( f) Duration of license and renewal
Any gaming employee license issued by the State gaming agency shall be effective for
not more than one year and shall expire on the thirty- first day of October of each year; provided,
that a licensed employee who has applied for renewal may continue to be employed under the
expired license until final action is taken on the renewal application by the State gaming agency.
Previously licenses applicants or applicants for renewal shall provide currently updated
application material but will not be required to re- submit historical data already available to the
State gaming agency. No additional background investigation of an applicant for renewal shall
be required unless new information concerning the renewal applicant’s continuing suitability or
eligibility for a license comes to the attention of either the State gaming agency or the State law
enforcement agency.
( g) Revocation or suspension of license
The State gaming agency or the State law enforcement agency may investigate any
person who holds a gaming employee license at any time and the State gaming agency may
suspend or revoke any gaming employee license issued hereunder if new information concerning
facts arising either prior to or since the issuance of the original license, or any renewal thereof,
16
comes to the attention of the State gaming agency which information would justify denial of
such original license, or any renewal thereof, pursuant to sub- section ( e) of this section;
provided, however, that no license shall be revoked or suspended except after such notice and
hearing as is generally required for similar administrative actions under the administrative
procedures applicable to agencies of the state.
( h) Badges
All licensed gaming employees actively employed by the Tribe and having access to the
gaming facilities shall upon the commencement of such employment be provided with
identification badges as may be required by the State gaming agency which shall be displayed or
carried within the gaming facilities as the applicable Standard of Operation may require and the
Tribe shall employ its best efforts to recover such badges from an employee upon the termination
of employment at a gaming facility.
( i) Appeal of license decisions
Decisions of the State gaming agency to deny, suspend, or revoke a license pursuant to
this section, following any administrative review or appeal which may be permitted by the State
gaming agency in accordance with procedures which it may establish, constitutes final agency
action subject to judicial review in the manner provided by the laws of the State for judicial
review of administrative actions affecting similar rights.
( j) Investigation of non- gaming employees
The State law enforcement agency may investigate misconduct of employees of the Tribe
who are not gaming employees but who are employed in ancillary facilities located within the
same building as any gaming facility, and such employees shall be dismissed by the Tribe from
such employment upon notification by the State law enforcement agency that their conduct in the
17
course of their employment in such ancillary facilities poses a threat to the effective regulation of
gaming or creates or enhances the dangers of unfair or illegal practices, methods and activities in
the conduct of gaming, subject to the same rights of appeal as are provided in sub- section ( i)
above.
18
SECTION 6. Registration of Gaming Service Enterprises
( a) R equirement for registration
No enterprise may provide gaming services or gaming equipment to the Tribe unless it is
the holder of a valid current gaming services registration issued by the State gaming agency in
accordance with the provisions of this section; provided, however, that so long as the Tribe
discloses the identity of such enterprise together with the value and nature of services or
equipment provided by the enterprise to the State gaming agency, such enterprise need not
register pursuant to this section if either:
( i) the enterprise has a current valid license to provide gaming equipment or gaming
services from the State gaming agency under regulations of the State gaming operated
or licensed by the State; or
( ii) the enterprise has a current valid registration as a gaming services enterprise from
the gaming regulatory agencies of the State of New Jersey and provides its
consent for the disclosure to the State gaming agency of all information regarding
such enterprise held by the gaming regulatory agencies of the State of New
Jersey, and the State gaming agency is able to secure disclosure of such
information; provided further, however, that the rights conferred pursuant to
either sub- section ( i) or ( ii) of this sub- section may be revoked or suspended by
the State gaming agency in the same manner and for the same reasons as provided
in sub- section ( g) of this section.
( b) P rocedure for registration
19
Each applicant for a gaming service registration shall submit a completed registration
application to the State gaming agency, with a copy thereof to the Tribal gaming agency, on
forms required and provided by the State gaming agency. The Tribe shall certify on said
application that submission of the application has been approved. Such gaming service
registration application shall contain such information, documentation and assurances as may be
required by the State gaming agency which shall identify all of said applicant’s principals and
which shall concern the applicant’s and each such principal’s personal and family history,
personal and business references, criminal conviction record, business activities, financial affairs,
prior gaming industry experience and general education background; all of the foregoing as may
be applicable to such applicant or such principal. Each completed gaming service registration
application submitted to the State gaming agency pursuant to the provisions hereof shall be
accompanied by the fingerprint card ( s) and photograph ( s) of each principal of the applicant in
form as required by the State gaming agency. Promptly upon receipt of a completed registration
application, the State gaming agency shall forward a copy thereof to the State law enforcement
agency.
( c) B ackground Investigation of Applicants
The State gaming agency and the State law enforcement agency shall promptly upon
receipt of an application for a gaming services registration conduct an investigation of the
applicant and each of its principals. Such investigation shall include criminal record checks to be
done on each of applicant’s principals and such other investigation of applicant and its principals
as may be deemed appropriate by the State gaming and state law enforcement agencies. The
State law enforcement agency shall, as soon as is practicable after receipt of the completed
20
gaming services registration application, report to the State gaming agency and the Tribal
gaming agency ( to the extent permitted by law) on the results of its investigation.
( d) T emporary Registration
During the twelve- month period immediately following the effective date of this
Compact as provided herein, any applicant for a gaming service registration who may file a copy
of a current valid gaming service industry registration issued by the State of New Jersey together
with its completed application shall be immediately issued a temporary gaming service
registration by the State gaming agency pending determination of such applicant’s suitability or
eligibility for a gaming service registration pursuant to subsection ( e) of this section.
( e) A ction by State gaming agency
The State gaming agency shall, as soon as practicable after receipt of a completed
application for a gaming service registration, either grant or deny the application. The State
gaming agency may deny a gaming service registration to any applicant upon its determination
that the applicant, or any principal identified with such applicant:
( i) is a person or entity whose prior activities, criminal record, if any, or reputation,
habits and associations pose a threat to the effective regulation of gaming or
create or enhance that chances of unfair or illegal practices, methods, and
activities in the conduct of the gaming activities permitted hereunder; provided,
however, that the State shall not apply standards for approval of registrations
pursuant to this section more rigorously than those actually applied in the
approval of similar licenses in gaming enterprises operated or regulated
exclusively by the State; or
21
( ii) has failed to provide any information reasonably required to investigate the
application for a gaming service registration or to reveal any fact material to such
application, or has furnished any information which is untrue or misleading in
connection with such application.
( f) D uration of registration and renewal
Any gaming services registration issued by the State gaming agency shall be effective for
not more than one year and shall expire on the thirty- first day of October of each year; provided,
that a registered enterprise that has applied for renewal may continue to provide services under
the expired registration until final action is taken on the renewal application by the State gaming
agency. Previously registered applicants or applicants for renewal shall provide currently
updated application material but will not be required to re- submit historical data already
available to the State gaming agency. No additional background investigation of an applicant for
registration renewal shall be required unless new information concerning the renewal applicant’s
continuing suitability or eligibility for license comes to the attention of either the State gaming
agency or the State law enforcement agency.
( g) R evocation or suspension of registration
The State gaming agency or the State law enforcement agency may investigate any
enterprise or principal of such enterprise which holds a gaming services registration license at
any time and the State gaming agency may suspend or revoke any gaming services registration
issued hereunder if new information concerning facts arising either prior to or since the issuance
of the original registration, or any renewal thereof, comes to the attention of the State gaming
agency which information would justify denial of such original license, or any renewal thereof,
pursuant to sub- section ( e) of this section; provided, however, that no registration shall be
22
revoked or suspended except after such notice and hearing as in ordinarily required for similar
administrative actions under the administrative procedures applicable to agencies of the State;
and further provided, that the enterprise shall be entitled to any payment due for services
provided or goods delivered prior to the effective date of suspension or revocation of its
registration.
( h) A ppeal of registration decisions
Decisions of the State gaming agency to deny, suspend, or revoke a registration pursuant
to this section, following any administrative review or appeal which may be permitted by the
State gaming agency in accordance with procedures which it may establish, constitutes final
agency action subject to judicial review in the manner provided by the laws of the State for
judicial review of administrative actions affecting similar rights.
( i) F ee for registration
Any enterprise filing an application for a gaming services registration pursuant to this
section shall pay to the State gaming agency a fee sufficient to compensate the State gaming
agency for the costs of review of the registration applications; provided, however, that such fee
shall not be increased above one thousand five hundred dollars for each applicant without prior
approval of the Tribal gaming agency, but any balance of such costs not recovered as a result of
such limitation on fees shall be included in the assessment of costs pursuant to section 11 of this
Compact.
( j) I nvestigation of non- gaming enterprises
Any enterprise which provides goods or services to a Tribal gaming operation other than
gaming services or gaming equipment in a total amount exceeding the sum of $ 50,000.00 in a
single twelve month period, and any labor organization seeking to represent employees of a
23
Tribal gaming operation, shall be identified by the Tribe to the State gaming agency and shall
agree to cooperate with the State gaming agency and the State law enforcement agency in any
investigation deemed necessary by either such agency relative to the fitness of such enterprise or
labor organization to engage in business with a gaming operation, or relative to the conduct of
such enterprise or labor organization in connection with such activity. The State gaming agency
may bar such enterprise from providing goods or services to the Tribal gaming operation or such
labor organization from receiving dues from licensed employees of the Tribal gaming operation,
or may bar the principal of any such labor organization from representing such employees, upon
a determination that such enterprise or labor organization or a principal thereof is a person or
entity whose prior activities, criminal record, if any, or reputation, habits and associations pose a
threat to the effective regulation of gaming or create or enhance the dangers of unfair or illegal
practices, methods and activities in the conduct of gaming; provided, however, that such
enterprise or labor organization may appeal such determination in the manner provided pursuant
to sub- section ( h).
SECTION 7. Standards of operation and management for games of chance.
( a) Adoption of s tandards of operation and management.
The Tribal gaming agency shall adopt standards of operation and management to govern all
gaming operations utilizing the authority of the Tribe to operate games of chance as defined in
section 3( a) ( i) of this Compact. Such standards shall protect the public interest in the integrity
of the gaming operations and shall reduce the dangers of unsuitable, unfair or illegal practices
and methods and activities in the conduct of gaming. The initial standards of operation and
management shall be those set forth in Appendix A until different standards are adopted by the
24
Tribal gaming agency. The Tribal gaming agency shall notify the State gaming agency of any
revision of the standards of operation and management and shall either ( i) certify that the
revisions to the standards will have no material effect on the manner in which the standards
protect the public interest in the integrity of the gaming operations and reduce the dangers of
unsuitable, unfair or illegal practices and methods and activities in the conduct of gaming; or ( ii)
request the approval of the State gaming agency for such revised standards, which approval shall
be deemed granted unless disapproved within sixty days of submission of the revised standards;
the State gaming agency shall approve the revised standards upon request unless it finds that
they would have a material adverse impact on the public interest in the integrity of the gaming
operations, and shall disapprove only such portions of any proposed revised standards which are
determined to have a material adverse impact on such public interest, setting forth with
specificity the reasons for such disapproval; any disapproval of revised standards by the State
gaming agency shall be subject to review in the manner provided by the laws of the State for
review of administrative decisions which are subject to judicial review.
( b) Additional standards applicable to games of chance.
The following additional standards shall apply to the operation by the Tribe of games of chance
as permitted by this compact:
( i) the Tribe shall maintain the following logs as written or computerized records
which shall be available for inspection by the State gaming agency in
accordance with section 13 ( b) of this Compact: a surveillance log recording
all surveillance activities in the monitoring room of the gaming facility; a
security log recording all unusual occurrences for which the assignment of a
security department employee is made; a cashier’s cage log recording all
25
exchanges of gaming chips for cash by persons who cannot reasonably by
thought to have been gaming; a credit log recording all counter checks
exchanged and all checks received for redemption, consolidation or
substitution; a machine entry log recording all occasions on which a video
facsimile machine is opened by any mechanic or attendant, except to the
extent that such entries may be automatically recorded by a computer system
activated by each entry; and a machine location log, recording the location
and each movement of any video facsimile machine within the gaming
facility.
( ii) The Tribal gaming agency shall establish a list of persons barred from the
gaming facilities because their criminal history or association with career
offenders or career offender organizations poses a threat to the integrity of
the gaming activities of the Tribe. The Tribe shall employ its best efforts
to exclude persons on such list from entry into its gaming facilities. The
Tribe shall also exclude persons engaging in disorderly conduct or other
conduct jeopardizing public safety in the gaming facility.
( iii) The Tribal gaming agency shall require the audit of the gaming activities
of the Tribe, not less than annually, by an independent certified public
accountant, in accordance with the auditing and accounting standards for
audits of casinos of the American Institute of Certified Public
Accountants.
( iv) The Tribal gaming agency shall notify the State gaming agency of the
rules of each game of chance which will be operated by the Tribe and of
26
any change in such rules. Summaries of the rules of each game relevant to
the method of play and odds paid to winning bets shall be visibly
displayed or available in pamphlet form in the gaming facility, and betting
limits applicable to any gaming table shall be displayed at such gaming
table. Rules of each game shall assure that the game will be operated in a
manner which is honest, fair to patrons and amenable to regulatory
oversight. Rules for games identified in sections 3( a) ( i) ( A), ( B), ( C),
( D), ( E), ( F), ( G), ( J) and ( K) shall be based upon such games as
commonly practiced in other gaming jurisdictions in the United States
with such variations in the manner of wagering or play as do not
fundamentally alter the nature of the game and as the Tribal gaming
agency may approve. Rules for games identified in sections 3( a) ( i) ( H),
( I), ( L), and ( M) shall be submitted for approval to the State gaming
agency, which approval shall be granted if they are consistent with the
nature of such games as permitted at Las Vegas nights operated under the
laws of the State and if they assure that such games will be operated in a
manner which is honest, fair to patrons and amenable to regulatory
oversight. The Tribe will provide the State gaming agency with ten days’
advance notice of the rules of each game and any modification thereof,
and will provide adequate notice to patrons of the gaming facilities to
advise them of the applicable rules in effect.
( v) The Tribe shall maintain a record of all complimentary services provided
to patrons of its gaming facilities or their guests, including either the full
27
retail price of such service or item if the same service or item is normally
offered for sale to patrons in the ordinary course of business at the gaming
facility, or the cost of the service or item to the Tribe if not offered for sale
to patrons in the ordinary course of business. If the complimentary service
or item is provided to a patron by a third party on behalf of the Tribe, such
service or item shall be recorded at the actual cost to the Tribe of having
the third party provide such service or item. A log recording all such
complimentary services shall be available for inspection by the State
gaming agency in accordance with section 13( b) of this Compact.
( vi) no person shall be permitted to bear firearms of any kind into such gaming
facilities except for members of the State law enforcement agency and the
Tribal law enforcement agency;
( vii) the Tribal operation shall maintain a closed circuit television system in
accordance with the standards set forth in sections 6( 2) and 6( 3) of
Appendix A, and shall not modify such standards without the agreement
of the State gaming agency. The Tribal gaming operation shall provide
the State gaming agency with copies of its floor plan and closed circuit
television system and any modifications thereof for review by the State
gaming agency. If the floor plan or closed circuit television system does
not provided unobstructed camera views in accordance with such
standards, the Tribal operation shall modify such floor plan or closed
circuit television system in order to remedy such deficiency.
28
( viii) the Tribal operation shall maintain a cashier’s cage in accordance with the
standards set forth in section 7( 3) of Appendix A, and shall not modify
such standards without the agreement of the State gaming agency. The
State gaming agency may review cashier’s cage security. If the cashier’s
cage does not comply with the security standards set forth in said
Appendix, the Tribal operation shall modify its cashier’s cage to remedy
such deficiency.
( ix) the Tribal operation shall provide the State gaming agency with a
description of its minimum requirements for supervisory staffing for each
table gaming pit operated in its gaming facilities, and in the event that the
State gaming agency regards such supervisory staffing as inadequate to
protect the integrity of the table games, the Tribal operation and State
gaming agency shall promptly confer in good faith in an effort to reach
agreement on supervisory staffing requirements; upon written notice to the
Tribal operation by the State gaming agency that agreement cannot be
reached between the State gaming agency and the Tribal operation, the
dispute shall be submitted to binding arbitration in accordance with the
rules and procedures of the American Arbitration Association; both the
Tribal operation and the State gaming agency shall submit their positions
to the arbitrator within twenty days of receipt of such written notice, and
the arbitrator shall render a binding decision within sixty days following
the written notice of a dispute.
( c) Technical standards for video facsimile games.
29
Notwithstanding the provisions of section 7( a) of this Compact or section 31 of Appendix A,
when any video facsimile of a game of chance identified in section 3( a) ( i) has been approved by
the gaming regulatory agencies of the State of New Jersey, then any substantially similar version
of such game must be approved by the gaming regulatory agencies of the State of New Jersey in
accordance with regulations in effect under the gaming regulatory laws of New Jersey, and the
Tribe may operate ( subject to the provisions of section 15( a)) any video facsimile of such game
which has been approved by the gaming regulatory agencies of the State of New Jersey. When
no substantially similar version of a video facsimile game has been approved by the gaming
regulatory agencies of the State of New Jersey, then such new game may be approved either in
accordance with regulations in effect under the gaming regulatory laws of New Jersey or in
accordance with section 31 of Appendix A. Notwithstanding the provisions of sub- section ( a) of
this section, the Tribal gaming agency shall not revise the standards of operation relating to
technical standards for video facsimile games and set out as section 31 of Appendix A without
the prior approval of the State gaming agency. Said standards may be revised by written
agreement between the State gaming agency and the Tribal gaming agency following the written
recommendation and detailed explanation of the proposed amendment to such standards by the
gaming test laboratory designated in accordance with such standards.
30
SECTION 8. Standards of operation and management for pari- mutuel betting facilities.
( a) Adoption of s tandards of operation and management.
The Tribal gaming agency shall adopt standards of operation and management to govern all
gaming operations utilizing the authority of the Tribe to operate pari- mutuel betting on racing
and jai alai, including off- track betting, simulcasting and telephone betting, as set forth in
sections 3( a) ( iv), 3( a) ( v), 3( a) ( vi) and 3( a) ( vii) of this Compact. Such standards shall protect
the public interest in the integrity of the gaming operations and shall reduce the dangers of
unsuitable, unfair or illegal practices and methods and activities in the conduct of gaming. The
initial standards of operation and management shall be those set forth in Appendix B until
different standards are adopted by the Tribal gaming agency. The Tribal gaming agency shall
notify the State gaming agency of any revision of the standards of operation and management
and shall either ( i) certify that the revisions to the standards will have no material effect on the
manner in which the standards protect the public interest in the integrity of the gaming
operations and reduce the dangers of unsuitable, unfair or illegal practices and methods and
activities in the conduct of gaming; or ( ii) request the approval of the State gaming agency for
such revised standards, which approval shall be deemed granted unless disapproved within sixty
days of submission of the revised standards; the State gaming agency shall approve the revised
standards upon request unless it finds that they would have a material adverse impact on the
public interest in the integrity of the gaming operations, and shall disapprove only such portions
of any proposed revised standards which are determined to have a material adverse impact on
such public interest, setting forth with specificity the reasons for such disapproval; any
disapproval of revised standards by the State gaming agency shall be subject to review in the
31
manner provided by the laws of the State for review of administrative decisions which are
subject to judicial review.
( b) Calculation of required takeout. The Tribal operation conducting any form of
pari- mutuel betting pursuant to this section shall distribute all sums deposited in any pari- mutuel
program to the holders of winning tickets therein, less the takeout percentage which shall be the
required takeout percentage as determined in accordance with this sub- section plus one half of
the breakage to the dime of the amount so retained. The required takeout percentage shall be:
( i) for pari- mutuel betting on dog racing, nineteen percent ( or such other percent
as may be the gross takeout required under the laws of the State for licensees
of the State conducting pari- mutuel betting on dog racing).
( ii) for pari- mutuel betting on jai alai, eighteen percent ( or such other percent
as may be the gross takeout required under the laws of the State for
licensees of the State conducting pari- mutuel betting on jai alai).
( iii) for pari- mutuel betting on horse racing, seventeen percent ( or such other
percent as may be the gross takeout required under the laws of the State
for licensees of the State conducting pari- mutuel betting on horse racing).
( iv) for pari- mutuel off track betting, seventeen percent ( or such other percent
as may be the gross takeout required under the laws of the State for the
State off track betting system).
( c) Testing of equipment. The State gaming agency may perform such tests on
totalisator equipment employed in the conduct of Tribal pari- mutuel wagering and any off track
betting computer system as it may reasonably require to verify the integrity and accuracy of such
systems.
32
( d) Special pari- mutuel wagers. The Tribal gaming operations may, only with the
approval of the State gaming agency, conduct special forms of pari- mutuel wagering at its off-track
betting operations and at any race track or jai alai fronton located on the Reservation, in
addition to those types of wagers described in sections 6, 7, and 58 through 62 of Appendix B.
The State may test any computer hardware or software required for the operation of such special
wagering and shall grant its approval so long as the special wager will be conducted in a manner
which is honest, fair to the patrons, and amenable to regulatory oversight.
( e) Security procedures for audio- video signals. The Tribe shall consult with the
State gaming agency regarding the adoption of security procedures for audio and video signals
utilized in the operation of any off track betting system and shall adopt security procedures
substantially corresponding to those utilized by the State for corresponding types of audio and
video signals or such other procedures as may be adopted by the Tribal gaming agency and
approved by the State gaming agency.
( f) Computer recording of wagering information. The totalisator equipment
selected for use at each of the Tribe’s pari- mutuel wagering operations shall be capable of
generating a computer log of wagering activities in a form approved by the State gaming agency
to enable the State gaming agency to provide computer verification of the accuracy and integrity
of wagering activities.
( g) Betting limits to prevent manipulation. The Tribe shall reject any wager at a
pari- mutuel wagering operation which, in the judgment of the Tribal gaming operation, is so
large with respect to the size of any wagering pool as to enable an individual placing such wager
to manipulate the wagering pool for unfair advantage over other patrons.
33
( h) Payment medium for wagers. All wagers at pari- mutuel windows of any Tribal
gaming operation shall be in United States currency; provided, however, that nothing herein shall
restrict the right of the Tribe to provide check cashing or cash advance facilities for use in
conjunction with credit cards for the convenience of patrons.
SECTION 9. Standards of operation and management for lottery gaming.
( a) Adoption of standards of operation and management. The Tribal gaming agency
shall adopt standards of operation and management to govern all gaming operations utilizing the
authority of the Tribe to conduct lottery gaming, as set forth in section 3( a) ( iii) of this Compact.
Such standards shall protect the public interest in the integrity of the gaming operations and shall
reduce the dangers of unsuitable, unfair or illegal practices and methods and activities in the
conduct of gaming. The initial standards of operation and management shall be those set forth in
Appendix C until different standards are adopted by the Tribal gaming agency. The Tribal
gaming agency shall notify the State gaming agency of any revision of the standards of operation
and management and shall either ( i) certify that the revisions to the standards will have no
material effect on the manner in which the standards protect the public interest in the integrity of
the gaming operations and reduce the dangers of unsuitable, unfair or illegal practices and
methods and activities in the conduct of gaming; or ( ii) request the approval of the State gaming
agency for such revised standards, which approval shall be deemed granted unless disapproved
within sixty days of submission of the revised standards; the State gaming agency shall approve
the revised standards upon request unless it finds that they would have a material adverse impact
on the public interest in the integrity of the gaming operations, and shall disapprove only such
portions of any proposed revised standards which are determined to have a material adverse
34
impact on such public interest, setting forth with specificity the reasons for such disapproval; any
disapproval of revised standards by the State gaming agency shall be subject to review in the
manner provided by the laws of the State for review of administrative decisions which are
subject to judicial review.
( b) Testing of certain lottery equipment. The Tribe shall engage an independent
testing laboratory registered in accordance with this Compact to test tickets used in a Tribal
lottery and shall provide copies of each report of such testing laboratory to the State gaming
agency. The State gaming agency may perform such tests on any on- line computer system,
drawing equipment, or tickets employed in the conduct of a Tribal lottery as it may reasonably
require to verify the integrity and accuracy of such systems.
( c) Lottery drawing security procedures. The Tribe shall consult with the State
gaming agency regarding the adoption of lottery drawing security procedures and shall adopt to
lottery drawing security procedures substantially corresponding to those utilized by the State for
corresponding types of lottery drawings or such other procedures as may be adopted by the
Tribal gaming agency and approved by the State gaming agency.
( d) Approval of annuity providers. The State gaming agency shall review the
qualifications of any annuity provider selected by the Tribe in connection with the payment of
any lottery prize in order to determine the financial responsibility of such provider and the Tribe
shall not employ such provider unless the State gaming agency determines that the provider
meets standards of financial responsibility corresponding to those imposed by the State for
similar purposes.
( e) Approval of lottery games. The Tribal gaming operation shall submit to the
State gaming agency for its review each proposed new lottery game to be operated by the Tribe
35
which is not substantially identical to corresponding games operated by the State and shall
approve such game so long as the rules of the game and any software or hardware computer
equipment, drawing equipment and lottery tickets required for operation of such game make it
possible to operate such game in a manner which is honest, fair to patrons and amenable to
regulatory oversight.
SECTION 10. Tribal regulatory authority in the event that the State declines to exercise
jurisdiction.
( a) Default authority of Tribal gaming agency. In the event that the State gaming
agency declines to exercise all or any portion of the authority vested in the State gaming agency
pursuant to Sections 5, 6, 7( a), 7( b), 8( a), 8( c), 8( d), 8( e), 8( f), 9( a), 9( b), 9( c), 9( d), 9( e) or 13( b)
of this Compact, or in any standards of operation and maintenance adopted in accordance with
sections 7, 8 or 9 of this Compact, then the Tribal gaming agency shall exercise such authority
and carry out the responsibilities set forth therein including, without limitation, licensing of
employees and registration of gaming service enterprises, until and unless the State gaming
agency advises the Tribe in writing that it is prepared to exercise such authority.
( b) Default authority of Tribal law enforcement agency. In the event that the State
law enforcement agency declines to exercise the responsibilities vested in it pursuant to sections
5 and 6 of this Compact, then the Tribal law enforcement agency shall carry out such
responsibilities at the request of the State gaming agency or the Tribal gaming agency, as the
case may be, until and unless the State law enforcement agency agrees to exercise such
responsibility.
36
( c) Default provisions for appeal of State administrative actions. Whenever in this
Compact it is provided that decisions of State administrative actions may be appealed to the
Superior Court of Connecticut in the manner provided for appeal of agency actions subject to
judicial review, in the event that such Court lacks jurisdiction to entertain such appeal, then the
action shall be subject to appeal to an arbitrator designated in accordance with the procedures of
the American Arbitration Association. The procedures for such arbitration shall be governed by
the rules of the American Arbitration Association. The arbitration shall be decided in
accordance with the provisions of this Compact and, to the extent consistent with such
provisions, in accordance with the principles generally applicable under Connecticut law to
review of final administrative decisions subject to judicial review.
SECTION 11. State assessment for costs of oversight.
( a) Imposition of assessment for State regulatory expenditures. The State shall
annually make an assessment sufficient to compensate the State for the reasonable and necessary
costs of regulating gaming operations and conducting law enforcement investigations pursuant to
this compact. Such assessment shall include any costs of fringe benefits for personnel due and
owing to the State Comptroller and shall be net of fees received with respect to the submission of
gaming service enterprise registrations pursuant to section 6 of this compact.
( b) Procedure for assessments. On or before August first, annually, the State shall
render to the Tribe a statement of the total cost of regulation and law enforcement for the
preceding fiscal year ending June thirtieth, together with proposed assessments for the
forthcoming fiscal year based on the preceding fiscal year cost, except that in the first year of this
Compact the assessment shall be prospective and based upon a prorata allocation of costs if this
37
Compact becomes operative in the course of a fiscal year, and shall be established following
consultation with the Tribe. On September first annually, the State, after receiving any
objections to the proposed assessments and making such changes or adjustments as may be
indicated, shall assess the Tribe for the costs of regulation and law enforcement. The Tribe shall
thereafter make a payment representing one- third of the assessment within a twenty day period,
and thereafter payments on January 1 and April 1 annually. Such payments shall be deposited
with the State treasurer. The moneys so deposited shall be credited to the general fund of the
state and shall be accounted for as the State may deem appropriate.
( c) Procedure for appeal of assessments. If the Tribe is aggrieved because of any
assessment levied pursuant to this Compact, it may, within one month from the time provided for
the payment of such assessment, appeal therefrom to the superior court for the judicial district of
Hartford- New Britain, which appeal shall be accompanied by a citation to the Executive Director
of the Division of Special Revenue to appear before said court. Such citation shall be signed by
the same authority, and such appeal shall be returnable at the same time and served and returned
in the same manner, as is required in case of a summons in a civil action. Proceedings in such
matter shall be conducted in the same manner as provided for proceedings pursuant to section 38-
54 of the Connecticut General Laws or such successor statute as may be enacted by the State.
( d) Adjustment of excess assessments. In the event that the total assessment paid by
the Tribe during any fiscal year of the State exceeds the reasonable and necessary costs of
regulating gaming operations and conducting law enforcement investigations pursuant to this
Compact during such fiscal year, then the State shall adjust the assessment for the succeeding
fiscal year in the amount necessary to offset such excess assessment. If the Tribe is aggrieved
38
because of any failure by the State to make such an adjustment, any claim for such adjustment
shall be presented in the appeal of the assessment as provided in sub- section ( c).
( e) Adjustment for termination of regulatory oversight. If the State ends regulatory
oversight during the course of a fiscal year in accordance with the terms of this
compact, then there shall be a prorata adjustment to the assessment made by the State
in accordance with the provisions of subsections ( a) and ( b).
SECTION 12. Approval of management contracts.
In accordance with Section 11( d) ( 9) of the Act, 25 U. S. C. § 2710( d) ( 9), the Chairman of
the National Indian Gaming Commission shall be responsible for the review and approval of any
management contract for management of Tribal gaming operations conducted on the Reservation
pursuant to this Compact in accordance with the provisions of subsections ( b), ( c), ( d), ( f), ( g)
and ( h) of Section 12 of the Act, 25 U. S. C. § 2711. The Tribe shall not enter into any
management contract for the management of Tribal gaming operations on the Reservation
without the approval of the Chairman in accordance with the terms of the Act. The Tribe shall
provide the State gaming agency with notice of any management contract submitted to the
National Indian Gaming Commission in accordance with this section and the Tribe agrees that
the State should be deemed to have standing to submit its views regarding approval of such
contract to the National Indian Gaming Commission.
SECTION 13. Enforcement of Compact provisions.
( a) Tribal gaming commission supervision. The Tribal gaming agency shall have
primary responsibility for oversight of tribal gaming operations and shall, for that purpose,
39
employ non- uniformed inspectors who shall be present in all gaming facilities during all hours of
operation and who shall be under the supervision of personnel accountable solely to the Tribal
gaming agency and not to any management employees of the Tribal gaming operations. Such
inspectors shall have unfettered access to all areas of the gaming facilities at all times, and
personnel employed by the Tribal gaming operation shall for such purposes provide such
inspectors access to locked and secure areas of gaming facilities in accordance with the standards
of maintenance and operation promulgated pursuant to section 7 of this Compact. Such
inspectors shall report to the Tribal gaming agency regarding any failure by the Tribal gaming
operation to comply with any of the provisions of this Compact or the applicable laws and
ordinances of the Tribe. Inspectors assigned by the Tribal gaming agency shall also receive
consumer complaints within the gaming facilities and shall assist in seeking voluntary resolution
of such complaints. The Tribal gaming agency may investigate any report of a failure to comply
with the provisions of this Compact or the applicable laws and ordinances of the Tribe and may
require the Tribal gaming operation to correct such failure upon such terms and conditions as the
Tribal gaming agency may determine necessary. Notwithstanding the provisions of section
17( h), inspectors employed by the Tribal gaming agency for the purposes set forth in this section
shall be required to obtain gaming employee licenses pursuant to section 5 of this Compact. The
Tribe will prepare a plan for the protection of public safety and the physical security of patrons
in each of its gaming facilities, following consultation and agreement with the State law
enforcement agency, setting forth the respective responsibilities of the Tribal law enforcement
agency, the security departments of the Tribal gaming operations, and the State law enforcement
agency. The Tribe will also provide the State gaming agency with copies of its floor plans and
surveillance system for each gaming facility and confer with the State gaming agency regarding
40
the adequacy of such plans and systems. The Tribal gaming agency shall be empowered by
Tribal ordinance to impose fines and other appropriate sanctions within the jurisdiction of the
Tribe upon any person who violates provisions of this Compact or the applicable Standards of
Operation of Management adopted by the Tribal gaming agency.
( b) State review authority. The State gaming agency shall have the authority to
review the tribal gaming operations in order to determine whether such operations are conducted
in compliance with the provisions of this Compact, and for that purpose personnel employed by
the State gaming agency shall have access to all areas of the gaming facilities without prior
notice for the purpose of audits of the Tribal gaming operations, and personnel employed by the
Tribal gaming operation shall for such purposes provide such State personnel auditors access to
locked and secure areas of the gaming facilities in accordance with the standards of maintenance
and operation promulgated pursuant to this Compact. Such State personnel shall report to the
State gaming agency regarding any failure by the Tribal gaming operation to comply with any of
the provisions of this Compact. Each Tribal gaming operation shall provide the State law
enforcement agency and State gaming agency with access to reasonable office space for the use
of their personnel for the purposes of such review activities. Personnel employed by the State
gaming agency shall not interfere with the conduct of the Tribal gaming operations except as
may be required to perform such review functions. Auditors employed by the State gaming
agency shall unfettered access during ordinary hours of operation to inspect and copy all records,
including computer log tapes, of the Tribal gaming agency and the Tribal gaming operations;
provided, however, that all records of the Tribal gaming operations and Tribal gaming agency
which are obtained by the State gaming agency shall be deemed confidential and proprietary
financial information belonging to the Tribe and shall be protected from public disclosure by the
41
State without the express written consent of the Tribe. The State gaming agency may conduct
such investigations and may employ subpoena powers with which it may be vested under the
laws of the State as it deems appropriate to investigate violations of this Compact with respect to
the Tribal gaming operations. The Tribal gaming agency shall require that all security incidents
and patron complaints reported by or to the Tribal security department or to the Tribal gaming
agency be reported on a daily basis to the State gaming agency. The Tribe shall cause each of its
Class III gaming operations to be subjected to an annual audit by an independent certified public
accountant in accordance with procedures adopted by the independent auditor following
consultation with the State gaming agency. Such audit shall include any additional procedures
required by the State gaming agency and not otherwise required by the independent auditor,
which additional procedures shall be performed at the sole expense of the State gaming agency.
The State gaming agency shall be provided with an opportunity to review the audit findings with
the independent auditor prior to issuance of the audit report and shall receive copies of the audit
report, engagement letter, management’s representation letter, lawyer’s contingency letter and
such other workpapers as the State gaming agency deems necessary.
( c) Enforcement authority of the State gaming agency. If the State gaming agency
determines that the Tribal gaming operation is not in compliance with the provisions of this
Compact the State gaming agency shall deliver a notice of non- compliance to the Tribal gaming
agency and the Tribal gaming operation setting forth the nature of such non- compliance and the
action required to remedy such non- compliance. In the event that the Tribal gaming operation
fails to comply with any provision of this Compact following receipt of a valid notice from the
State gaming agency requesting correction of such non- compliance, the United States District
Courts shall have jurisdiction pursuant to 25 U. S. C. § 2710( d) ( 7) ( A) ( iii) over any cause of
42
action initiated by the State gaming agency to enjoin a class III gaming activity located on the
Reservation and conducted in violation of this Compact. The Tribe hereby waives any defense
which it may have by virtue of its sovereign immunity from suit with respect to any such action
in the United States District Courts to enforce the provisions of this Compact, and consents to the
exercise of jurisdiction over such action and over the Tribe by the United States District Courts
with respect to such actions to enforce the provisions of this Compact. In addition to the
remedies provided hereunder, the State may exercise its right pursuant to sub- section ( d) of this
section to petition the National Indian Gaming Commission to impose penalties including civil
fines and temporary or permanent closure of gaming facilities for violation of the ordinances of
the Tribe including the provisions of this Compact incorporated in such ordinances.
( d) Enforcement authority of the National Indian Gaming Commission. The Tribe
shall enact as part of its tribal ordinances governing Class III gaming activities on the
Reservation and submitted to the National Indian Gaming Commission for approval pursuant to
Section 11( d) ( 2) of the Act, 25 U. S. C. § 2710( d) ( 2), all of the provisions of this Compact. In
accordance with Section 14 of the Act, 25 U. S. C. § 2713, the National Indian Gaming
Commission may enforce the provisions of the ordinances of the Tribe governing the conduct of
Class III gaming activities on the Reservation, including the provisions of this Compact as
incorporated into such ordinances pursuant to this section. The State Gaming Agency may
petition the National Gaming Commission to impose any penalty of civil fine or temporary or
permanent closure of gaming facilities, as authorized by the Act, for violation of the provisions
of this Compact as incorporated in the approved ordinances of the Tribe.
SECTION 14. Application of State regulatory standards.
43
( a) Health and safety standards. Tribal ordinances and regulations governing health
and safety standards applicable to the gaming facilities shall be no less rigorous
than standards generally imposed by the laws and regulations of the State relating
to public facilities with regard to building, sanitary, and health standards and fire
safety. The State gaming agency may require the Tribe to cooperate with any State
agency generally responsible for enforcement of such health and safety standards in
order to assure compliance with such standards. Tribal ordinances and regulations
governing water discharges from the gaming facilities shall be no less rigorous than
standards generally imposed by the laws and regulations of the State relating to
public facilities; provided, however, that to the extent that federal water discharge
standards specifically applicable to the Reservation would preempt such State
standards, then such federal standards shall govern.
( b) R egulation of alcoholic beverages. Service of alcoholic beverages within any
gaming facility shall be subject to the laws and regulations of the State applicable
to sale or distribution of alcoholic beverages. The Tribal gaming operation shall be
entitled to a hotel permit for the sale of liquor for gaming facilities which are
contained in the same building as any hotel, or a café permit for the sale of liquor
for gaming facilities which are not contained in the same building as any hotel, or
such equivalent permits as may from time to time be available to similar enterprises
operated pursuant to the laws of the State, and the price of any alcoholic beverage
sold to a gaming customer in partial consideration for amounts wagered need not be
billed by separate charge to the individual customer; provided, however, that the
price of each such alcoholic beverage deemed sold to a gaming customer in partial
44
consideration for amounts wagered shall be no less than the price required for such
sales pursuant to the laws of the State and shall be separately accounted for by the
Tribal operation, any tax due under the laws of the State for the retail sale of such
beverages shall be paid with respect to such sales, and daily and monthly records
shall be maintained with respect thereto and shall be available for inspection by the
State gaming agency and by the State Department of Liquor Control or any
successor State agency.
( c) T raffic Standards. The Tribe shall provide access from any gaming facilities
located on the Reservation onto public highways of the State of Connecticut which
are adequate to meet standards of the State Traffic Commission or shall enter into
agreements with the State Traffic Commission for the provision of such access by
the State, including provisions for compensation by the Tribe of the costs incurred
by the State in constructing such improvements to the public highways, including
traffic control signals, as may be necessary. The State will cooperate with the Tribe
in providing at the Tribe’s expense such signage as is reasonable and appropriate in
order to permit members of the traveling public to locate the Reservation from the
major road approaches.
SECTION 15. Moratorium on certain Class III gaming.
( a) M oratorium on Class III video facsimile gaming:
Notwithstanding the provisions of section 3( a) ( ix), the Tribe shall have no authority under this
Compact to conduct Class III video facsimile games as defined pursuant to section 3( a) ( ix)
unless and until either: ( a) it is determined by agreement between the Tribe and the State, or by a
45
court of competent jurisdiction, that by virtue of the existing laws and regulations of the State the
operation of video facsimiles of games of chance would not be unlawful on the ground that the
Tribe is not located in a State that permits such gaming for any purpose by any person,
organization, or entity within the meaning of 25 U. S. C. § 2710 ( d) ( 1) ( B) ( it being understood
and agreed that there is a present controversy between the Tribe and the State in which the Tribe
takes the position that such gaming is permitted under the existing laws of the State and the State
takes the position that such gaming is not permitted under the existing laws of the State); or ( ii)
the existing laws or regulations of the State are amended to expressly authorize the operation of
any video games of chance for any purpose by any person, organization or entity. Upon such
determination the operation by the Tribe of video facsimiles of games of chance shall be subject
to the applicable provisions of the Standards of Operation and Maintenance for Games of Chance
adopted pursuant to section 7 of this Compact.
( b) M oratorium on telephone lottery betting:
Notwithstanding the provisions of section 3( a) ( x), the Tribe shall have no authority under this
Compact to conduct telephone betting on lottery games unless and until either: ( a) it is
determined by agreement between the Tribe and the State, or by a court of competent
jurisdiction, that by virtue of the existing laws and regulations of the State the operation of
telephone betting on lottery games would not be unlawful on the ground that the Tribe is not
located in a State that permits such gaming for any purpose by any person, organization, or entity
within the meaning of 25 U. S. C. § 2710 ( d) ( 1) ( B) ( it being understood and agreed that there is a
present controversy between the Tribe and the State in which the Tribe takes the position that
such gaming is permitted under the existing laws of the State and the State takes the position that
such gaming is not permitted under the existing laws of the State); or ( ii) the existing laws or
46
regulations of the State are amended to expressly authorize the operation of any telephone
betting on any lottery game for any purpose by any person, organization or entity. Upon such
determination the operation by the Tribe of telephone betting on lottery games shall be subject to
the applicable provisions of the Standards of Operation and Maintenance for Lottery Gaming
adopted pursuant to section 9 of this Compact.
( c) Moratorium on horse racing: Nothwithstanding the provisions of section 3( a)
( viii), the Tribe shall have no authority under the Compact to conduct pari- mutuel betting on
horse races conducted on the Reservation unless and until either: ( a) it is determined by
agreement between the Tribe and the State, or by a court of competent jurisdiction, that by virtue
of the existing laws and regulations of the State the operation of pari- mutuel betting on horse
races conducted on the Reservation would not be unlawful on the ground that the Tribe is not
located in a State that permits such gaming for any purpose by any person, organization, or
entity within the meaning of 25 U. S. C. § 2710( d) ( 1) ( B) ( it being understood and agreed that
there is a present controversy between the Tribe and the State in which the Tribe takes the
position that such gaming is permitted under the existing laws of the State and the State takes the
position that such gaming is not permitted under the existing laws of the State); or ( ii) the
existing laws or regulations of the State are amended to expressly authorize the operation of any
pari- mutuel betting on horse races conducted in the State for any purpose by any person,
organization or entity. Upon such determination the operation by the Tribe of pari- mutuel
betting on horse races conducted on the Reservation shall be subject to the applicable provisions
of Standards of Operation and Maintenance for Horse Racing which shall be adopted by the
Tribal gaming agency and submitted to the State gaming agency for approval, which approval
will not be unreasonably withheld so long as such Standards are substantially equivalent to the
47
Standards applicable to pari- mutuel betting on greyhound races as contained in Appendix B of
this Compact.
( d) Moratorium on off- track pari- mutuel telephone betting: Notwithstanding the
provisions of section 3( a) ( xi), the Tribe shall have no authority under this Compact to conduct
off- track pari- mutuel telephone betting unless and until it is determined by agreement between
the Tribe and the State, or by a court of competent jurisdiction, that such gaming would not
violate the Indian Gaming Regulatory Act on the ground that such gaming does not constitute
Class III gaming activities on Indian lands within the meaning of 25 U. S. C. § 2710( d) ( 1) ( it
being understood and agreed that there is a present controversy between the Tribe and the State
in which the Tribe takes the position that such gaming is gaming on Indian lands within the
meaning of the Act and the State takes the position that such gaming is not gaming on Indian
lands within the meaning of the Act). Upon such determination the operation by the Tribe of off-track
pari- mutuel telephone betting shall be subject to the applicable provisions of the Standards
of Operation and Maintenance for Pari- Mutuel Gaming adopted pursuant to section 8 of this
Compact.
( e) Moratorium on games of chance: Notwithstanding the provisions of section 3( a)
( i) or 3( a) ( ix) or 15( a), the Tribe shall have no authority under this Compact to conduct games of
chance or video facsimiles of games of chance as defined in sections 3( a) ( i) and 3( a) ( ix) unless
and until the later of: ( a) July 1, 1991; or ( b) the date ninety days following the date on which
the Tribe gives written notice to the State setting forth its intention to conduct such games of
chance, together with a description of the facility in which such games will be conducted and the
approximate number of gaming employees who will be required to be licensed pursuant to this
Compact with respect to such facility.
48
SECTION 16. Application of net revenues of Class III Gaming.
In accordance with the provisions of section 11( b) ( 2) ( B) and 11( d)( 1) ( A) ( ii) of the Act,
25 U. S. C. § 2710( b) ( 2) ( B) and ( d) ( 1) ( A) ( ii), the ordinances of the Tribe governing Class III
gaming activities on the Reservation shall provide that net revenues from any such gaming
activities are not to be used for purposes other than:
( a) to fund tribal government operations or programs;
( b) to provide for the general welfare of the Indian tribe and its members;
( c) to promote tribal economic development;
( d) to donate to charitable organizations; or
( e) to help fund operations of local government agencies of the State and its political
subdivisions.
SECTION 17. Effective Date and Duration; Amendments.
( a) E ffective date. This Compact shall be effective upon publication of notice of
approval by the Secretary of the Interior of the United States in the Federal
Register in accordance with 25 U. S. C. § 2710( d) ( 3) ( B).
( b) T ermination. Once effective this Compact shall be in effect until terminated by
written agreement of both parties.
( c) A mendment and modification. The terms and conditions of this Compact shall
not be modified, amended or otherwise altered except by written agreement of
both parties and enactment as set forth in sub- section ( a).
49
( d) S ubsequent negotiations. Nothing in this Compact shall be deemed to waive the
right of the Tribe to request negotiations for a tribal- state compact with respect to
a Class III gaming activity which is to be conducted on the Reservation but is not
permitted under the provisions of this Compact, including forms of Class III
gaming which were not permitted by the State for any purpose by any person,
organization, or entity at the time when this Compact was negotiated but are
subsequently so permitted by the State, in accordance with 25 U. S. C. § 2710( d) ( 3)
( A); provided, however, that this sub- section shall not be deemed to authorize the
Tribe to initiate a new request for negotiations regarding the terms of this
Compact applicable to forms of gaming authorized by section 3( a) of this
Compact, except to the extent that existing state law relating to such forms of
gaming are changed or to the extent that the State voluntarily consents to such
negotiations.
( e) S tatus of Class II gaming. Nothing in this Compact shall be deemed to affect the
operation by the Tribe of any Class II Gaming as defined in the Act, whether
conducted within or without the gaming facilities, or to confer upon the State any
jurisdiction over such Class II Gaming conducted by the Tribe on its Reservation.
( f) P rohibition on taxation by the State. Nothing in this Compact shall be deemed to
authorize the State to impose any tax, fee, charge or assessment upon the Tribe or
any Tribal gaming operation except for charges expressly authorized pursuant to
section 11 of this Compact.
( g) N o restrictions on banking functions. Nothing in this Compact shall be deemed
to regulate or to authorize State regulation of any ordinary commercial or banking
50
function of the Tribe, including without limitation the provision of cash advance
facilities for use of credit cards or bank cards located either within or without any
gaming facilities.
( h) Preservation of Tribal self- government. Nothing in this Compact shall be
deemed to authorize the State to regulate in any manner the government of the
Tribe, including the Tribal gaming agency, or to interfere in any manner with the
Tribe’s selection of its governmental officers including members of the Tribal
gaming agency. No licensing or registration requirement contemplated by this
Compact shall be applicable to such officers with respect to their capacity as
officers of the Tribe.
( i) C onsultation upon revision of State regulations. Whenever the State adopts or
revises any rule or regulation which corresponds to any provision of the Tribe’s
Standards of Operations and Management relating to the same type of gaming, the
State gaming agency may notify the Tribal gaming agency that it requests
analogous changes in such Standards and the Tribal gaming agency will promptly
confer with the State gaming agency in good faith concerning the appropriateness
and applicability of such changes.
SECTION 18. Notices.
All notices required or authorized to be served shall be served by first class mail at the
following addresses:
Tribal Chairman Governor
Mashantucket Pequot Tribe State of Connecticut
51
Post Office Box 160 State Capitol
Ledyard, CT 06339 Hartford, CT 06106
SECTION 19. Severability. In the event that any section or provision of this Compact is held
invalid, or its application to any particular activity held invalid, it is the intent of the parties that
the remaining sections of the Compact and the remaining applications of such section or
provision shall continue in full force and effect.
52